Date: May 18, 1998

Case No.: 97-STA-0014

In the Matter of:

JEFFERY HILL,
    Complainant

    v.

RAVEN SHIPPING PACIFIC/
PACSERV CORPORATION,
    Respondent

Before:ROBERT L. HILLYARD
   Administrative Law Judge

   This action arises under the employee protection provisions of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2305, and the implementing regulations of the Secretary of Labor published at 29 C.F.R. Part 1978, on a complaint filed by Jeffery Hill.

   After investigation of the complaint, Richard S. Terrill, Acting Regional Administrator, Occupational Safety and Health Administration, U.S. Department of Labor, issued the Secretary's Findings and Preliminary Order in which he found that the complaint lacked merit and determined that there was no reasonable cause to believe the discharge of the Complainant constituted a violation of § 405 of the STAA. The Complainant appealed the

findings. The case was transferred to the Office of Administrative Law Judges for hearing. On April 30, 1997, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on September 9, 1997 in Anchorage, Alaska. The hearing was continued at the request of the parties. The hearing was rescheduled for May 19, 1997 in Anchorage, Alaska.

   On May 13, 1998, the parties signed a Settlement Agreement, a copy of which is attached hereto and made a part hereof. The Agreement provides for payment of $2,400.00 to Jeffery Hill, the Complainant, by PACSERV Corporation, the Respondent, when the case is dismissed by court order. The Agreement also provides for dismissal of the case with prejudice. Each party is to bear its own costs and attorney's fees. After review of the proposed Settlement Agreement, I find that the Agreement is fair and reasonable and will be approved.

   It is, therefore,

   ORDERED that the Settlement Agreement dated May 13, 1998 is hereby approved, and,

   ORDERED that the complaint of Jeffery Hill is hereby DISMISSED WITH PREJUDICE.

       ROBERT L. HILLYARD
       Administrative Law Judge