Williston v. Super Service, ARB No. 03-066, ALJ No. 2002-STA-41 (ARB Oct. 31, 2003)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 03-066
ALJ CASE NO. 02-STA-041 DATE: October 31, 2003

In the Matter of:

SHERRY WILLISTON,
    COMPLAINANT,

    v.

SUPER SERVICE,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Complainant:
    Anthony R. Comden, Esq., Varnum, Riddering, Schmidt & Howlet, Grand Rapids, Michigan

For the Respondent:
    Paul O. Taylor, Esq., Eagan, Minnesota

   This case arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act of 1982, 49 U.S.C.A. § 31105 (West 1997), and implementing regulations at 29 C.F.R. Part 1978. The Administrative Law Judge (ALJ) below issued a Recommended Decision and Order recommending approval of the parties' settlement agreement and dismissal of the complaint with prejudice. Williston v. Super Service, ALJ No. 02-STA-041 (Feb. 20, 2003).

   Pursuant to 29 C.F.R. § 1978.109(c), the Administrative Review Board "shall issue the final decision and order based on the record and the decision and order of the administrative law judge." On February 10, 2003, the parties indicated by telephone that they have no objections to the Recommended Decision and Order.

   We concur with the ALJ's determination that the parties' settlement agreement is fair, adequate and reasonable. We adopt as our own the ALJ's Recommended Decision and Order Approving Settlement and Dismissing with Prejudice and attach it herewith.

   The parties have agreed to settle the Complainant's STAA claim. Accordingly, we APPROVE the agreement and DISMISS the complaint.

   SO ORDERED.

      JUDITH S. BOGGS
      Administrative Appeals Judge

      M. CYNHIA DOUGLASS
      Chief Administrative Appeals Judge