September 20, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter Administrative Review Board 200 Constitution Ave, NW Washington, DC 20210
ARB CASE NO. 99-029 In the Matter of:
ASSISTANT SECRETARY FOR
and
DOUGLAS SWANK,
v.
FOUR WINDS, INC. d/b/a
BEFORE: THE ADMINISTRATIVE REVIEW BOARD Appearances:
For the Complainant:
For the Department of Labor:
For the Respondent:
AND DISMISSING COMPLAINT This case arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA), as amended, 49 U.S.C. §31105 (1994). The parties submitted a "Stipulation and Settlement Agreement" to the Board seeking approval of the settlement and dismissal of the complaint. [Page 2] Under rules implementing the STAA, a case may be settled at any time after the filing of objections to the Assistant Secretary's findings "if the participating parties agree to a settlement and such settlement is approved by the Administrative Review Board . . . or the ALJ." 29 C.F.R. §1978.111(d)(2). The regulations direct the parties to file a copy of the settlement "with the ALJ or the Administrative Review Board as the case may be." Id. The parties reached a settlement agreement in this case after the ALJ had issued his Recommended Decision and Order and forwarded the case to this Board for consideration. Therefore, the case is before the Board, and we are the appropriate body to review the settlement agreement. The request for approval is based on an agreement entered into by the parties. We review it to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. See, e.g., Bettner v. Daymark Foods, Inc., ARB Case No. 98-124, ALJ Case No. 97-STA-73, Final Order Approving Settlement and Dismissing Complaint, Aug. 10, 1998. We find that the settlement agreement is a fair, adequate, and reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and DISMISS THE COMPLAINT WITH PREJUDICE.
SO ORDERED.
PAUL GREENBERG
E. COOPER BROWN
CYNTHIA L. ATTWOOD
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