Ass't Sec'y & Harrison v. McClendon Trucking Co., ARB No. 98-163, ALJ No. 1998-STA-12 (ARB Sept. 25, 1998)

U.S. Department of Labor

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

ARB CASE NO. 98-163
ALJ CASE NO. 98-STA-12
DATE: September 25, 1998

In the Matter of:

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

    and

JOHN H. HARRISON,
    COMPLAINANT,

    v.

McCLENDON TRUCKING COMPANY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   On August 27, 1998, the Administrative Law Judge (ALJ) issued an Order Approving Settlement and Dismissing Complaint in this case which arises under the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A. §31105 (1994). Pursuant to 29 C.F.R. §1978.111(d)(2) (1997), the ALJ has the authority to approve a settlement under the STAA at this stage in the proceeding. Accordingly, the ALJ's order is the final departmental action and this case IS CLOSED.

   SO ORDERED.

      PAUL GREENBERG
      Member

      CYNTHIA L. ATTWOOD
      Acting Member