DATE: November 30, 1998
CASE No.1998-STA-1

In the Matter of,

JOHN GIBSON,
    Complainant,

    v.

ROADWAY EXPRESS INC.,
    Respondent (Company)

   This cases arises under the employee protection (whistleblower) provision of the Surface Transportation Act (STAA), 49 U.S.C. §31105 (1994), and implementing regulations. 29 C.F.R. Part 1978 (1997).

   On October 28, 1998, the parties submitted for approval by the undersigned a fully executed Settlement Agreement and Release, attached hereto, and made a part hereof. Having duly considered the matter,

   IT IS ORDERED that the Settlement Agreement and Release is hereby approved and the proceeding in this matter is DISMISSED, with prejudice.

   IT IS FURTHER ORDERED:

   1. That this Order shall have the same force and effect as an order made after a full hearing;

   2. That the entire record in which this Order is based shall consist solely of the Settlement Agreement and Release;

   3. The parties waive any further procedural steps before this Court;

   4. The parties waive any rights to challenge or contest the validity of this Decision and Order entered into in accordance with this Settlement Agreement and Release;

   5. All parties hereby agree to bear their fees and other expenses incurred in connection with any stage of this proceeding.

   6. Within ten days after execution of this Agreement, the Respondent/Company shall pay the sum of $15,000.00, less applicable withholdings, to Complainant. This payment shall be considered back wages for the period June 1, 1996 to June 1, 1998. Complainant acknowledges the sufficiency of the payment described above as full and complete satisfaction of any and all claims which Complainant has or may have had against the Respondent/Company.

   7. The parties agree that each has read, understood and voluntarily entered into this Agreement.

   8. This Decision and Order of this Court shall be final agency action.

       THOMAS F. PHALEN, JR.
       Administrative Law Judge