Ass't Sec'y & Lobmeyer v. J.A. McDonald, Inc., ARB No. 03-158, ALJ No. 2003-STA-38 (ARB Nov. 25, 2003)

U.S. Department of Labor

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

ARB CASE NO. 03-158
ALJ CASE NO. 03-STA-38
DATE: November 25, 2003

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
    PROSECUTING PARTY,

    and

LAWRENCE P. LOBMEYER,
RICHARD JONES,
    COMPLAINANTS,

    v.

J.A. McDONALD, INC. AND JOHN MAGNUS,
    RESPONDENTS.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Prosecuting Party:
    Howard M. Radzely, Acting Solicitor of Labor; Frank V. McDermott, Jr., Regional Solicitor, Kevin E. Sullivan, Attorney, U.S. Department of Labor Washington, D.C.

For the Respondent:
    Elizabeth J. Grant, Esq.; David R. McLean, Esq.; Paul, Frank & Collins, Burlington, Vermont

   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 (2003). 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. Lobmeyer v. J.A. McDonald, Inc., ALJ No. 03-STA-38 (Sept. 30, 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." The parties have indicated 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 the Complaint and attach it herewith. Our approval is limited to settlement of the instant case, and we understand the settlement terms relating to release of STAA claims as pertaining only to the facts and circumstances giving rise to this case.

   The parties have agreed to settle the Complainant's STAA claim. Accordingly, we APPROVE the agreement and DISMISS the complaint. See Settlement Agreement and Recommended Decision and Order.

   SO ORDERED.

      JUDITH S. BOGGS
      Administrative Appeals Judge

      M. CYNTHIA DOUGLASS
      Chief Administrative Appeals Judge