U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-078
ALJ CASE NOS. 92-SWD-2
93-STA-15
DATE: March 31, 1998
In the Matter of:
WILLIAM B. FAUST,
COMPLAINANT,
v.
CHEMICAL LEAMAN TANK LINES, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
Complainant, William B. Faust (Faust), alleged that Respondent, Chemical
Leaman Tank Lines (CLTL), violated the employee protection provisions of two statutes: the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C.
§9610 (1988), and the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A.
§31105 (West 1995).
[Page 2]
The parties seek approval of their settlement agreement and dismissal of the
complaint. We grant the request.
BACKGROUND
In a December 1995 Recommended Decision and Order, the Administrative
Law Judge (ALJ) recommended dismissal of the consolidated CERCLA and STAA complaints. The
ALJ forwarded the case file to the Secretary of Labor for review and issuance of a final decision.
The Secretary did not know that the parties reached a purported settlement of
the complaints in February 1996. Two months later, the Secretary issued a decision in which he
dismissed the CERCLA complaint and found that Faust had established a violation of the STAA
(April 1996 Decision). The Secretary ordered CLTL to reinstate Faust to his former position and
remanded the case to the ALJ for a recommendation on the amount of damages to which Faust was
entitled.
1 Shortly after the issuance of the
April 1996 Decision, the Secretary transferred to the Administrative Review Board the authority to issue
final decisions under the STAA and a number of other statutes. Secretary's Order No. 2-96 (Apr. 17.
1996), 61 Fed. Reg. 19978 (May 3, 1996).
2 Pursuant to 29 C.F.R.
§70.26(b), submitters may designate specific information as confidential commercial information.
When FOIA requests are received for such information, the Department of Labor shall notify the
submitter promptly, 29 C.F.R. §70.26(e), the submitter will be given a reasonable period of time
to state its objections to disclose, id., and the submitter will be notified if a decision is made
to disclose the information. 29 C.F.R. §70.26(f). If the information is withheld and the requester
files suit to compel disclosure, the submitter will be notified. 29 C.F.R. §70.26(h).