Date: February 6, 1998

Case No. 97-STA-28

In the Matter of

GERALD JOHNSON AND
KRIS WATT
    Complainants

    and

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND
HEALTH
    Party-in-Interest

    v.

ANEX WAREHOUSE AND
DISTRIBUTION COMPANY
    Respondent

   This proceeding arises under the employee protection provision of the Surface Transportation Assistance Act, 49 U.S.C. § 2305, and the regulations issued thereunder contained at 29 C.F.R. Part 1978. On January 26, 1998, the parties submitted a fully executed "Stipulated Motion to Approve Settlement and to Affirm Preliminary Findings and Order." The terms of the attached settlement are incorporated herein as if set forth at length.

   I have reviewed the settlement agreement, and I find that the terms are fair, adequate, and reasonable. 29 C.F.R. § 1978.111(d)(2). I construe the request of the parties to affirm the Preliminary Findings of the Secretary dated June 18, 1997 to be a withdrawal of any objection to same pursuant to 29 C.F.R. § 1978.111(c).

   In accordance with above, IT IS HEREBY ORDERED THAT:

1. The attached settlement agreement is approved (29 C.F.R. § 1978.111(d)(2));

2. The complaint shall be dismissed with prejudice; and,

3. The Preliminary Findings of the Secretary are hereby Affirmed inasmuch as all objections to same have been withdrawn. 29 C.F.R. § 1978.111(c).

      GEORGE P. MORIN
      Administrative Law Judge

GPM:mr