Date: August 27, 1998

Case No.: 98-STA-12

In The Matter of :

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
    Prosecuting Party

    and

JOHN H. HARRISON,
    Complainant

    v.

McCLENDON TRUCKING COMPANY,
    Respondent.

   This case arises out of Complainant, John Harrison's claim under the employee protection provisions of the Surface Transportation Assistance Act of 1982. On August 21, 1998, the parties filed a document entitled "Joint Motion for An Order to Approve Settlement and Specifically Incorporate The Terms Of The Settlement Agreement" a copy of which is marked "Exhibit A" and is attached hereto and made a part of this 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. Wherefore, I:

    1) Approve the settlement and specifically incorporate the terms of the Settlement Agreement and;

    2) Dismiss the Complaint with prejudice based upon authority conferred by 29 C.F.R. § 18.39(b).

       LARRY W. PRICE
       Administrative Law Judge