Date: DEC 19 1997
Case No.: 97-STA-24

In the Matter of

   ASSISTANT SECRETARY OF LABOR FOR OCCUPATIONAL
   SAFETY AND HEALTH Prosecuting Party

      and

   REN D. ELY
      Complainant

      v.

   AIR RIDE, INC.
      Respondent

   This case arises out of Complainant, Ren D. Ely's claim under the employee protection provisions of the Surface Transportation Assistance Act of 1982. On December 18, 1997, the parties filed a document entitled "Settlement Agreement and Release" a copy of which is marked "Exhibit A" and is attached hereto and made a part of the Recommended Order. The parties have resolved all issues in this case.

   After consideration of the settlement agreement and the representations of the parties, I find the agreement to be fair, adequate and reasonable. I believe it is in the public interest to adopt the agreement as the basis for the administrative disposition of this case. Therefore, I recommend dismissal of this proceeding with prejudice based upon authority conferred by 29 C.F.R. § 18.39(b).

      RICHARD D. MILLS
      Administrative Law Judge

Metairie, Louisiana

RDM/ea

NOTICE: This Recommended Order and the administrative file in the matter will be forwarded for review by the Secretary of Labor, Room S4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).