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USDOL/OALJ Reporter
Spearman v. Roadway Express, Inc., 93-STA-8 (ALJ Mar. 5, 1996)


Date:     March 5, 1996

Case No.: 93-STA-8

In the Matter of

ROBERT H. SPEARMAN,
          Complainant,

          v.

ROADWAY EXPRESS, INC.,
          Respondent.

               DECISION AND ORDER APPROVING SETTLEMENT
                       AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
Section 405 of the Surface Transportation Assistance Act of 1982
(STAA), 49 U.S.C. §2305.

     On February 29, 1996, the parties submitted an executed
stipulation of settlement in final disposition of the case. (The
stipulation of settlement is attached hereto and marked as
"Exhibit A".)  The parties have requested that Exhibit A be
reviewed only by this administrative law judge and the Secretary
of Labor.  In addition, Exhibit A is not to be published.

     I have reviewed the settlement agreement and find it to be
fair, adequate and reasonable pursuant to 29 C.F.R.
§1978.111(d)(2).  See Davis v. Kimstock, Inc.,
Case No. 90-STA-8, Secretary Approval and Dismissal of Complaint,
November 30, 1990. It is, therefore,

     ORDERED that the Settlement Agreement, in a sealed envelope,
attached hereto and made a part hereof, is approved and this case
is hereby Dismissed With Prejudice.

                                   SO ORDERED


                                   RICHARD K. MALAMPHY
                                   Administrative Law Judge
RKM/dlh
Newport News, Virginia



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