Date: May 26, 1995
Case No.: 94-STA-00043
In the Matter of
RONDLE K. ANDREWS
Complainant
v.
COMMISSARY OPERATIONS, INC.,
DIVISION OF SHONEY'S, INC.
Respondent
Before: Richard E. Huddleston
Administrative Law Judge
ORDER APPROVING SETTLEMENT AGREEMENT AND
DISMISSAL
This case arises under the employee protection provision of
the Surface Transportation Assistance Act of 1982 (STAA), 49
U.S.C. § 2305 (1988). On May 17, 1995, Complainant and
Respondent have submitted an executed Settlement Agreement and
Full Release and have requested dismissal of this matter. The
Settlement Agreement and Full Release is incorporated by
reference and attached hereto as Appendix A.
The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the STAA. For
the reasons set forth in Poulos v. Ambassador Fuel Oil
Co., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at
2, I have limited my review of the agreement to determining
whether its terms are a fair, adequate, and reasonable settlement
of Complainant's allegation that Respondent violated the STAA.
49 U.S.C. § 2305.
Paragraph 10 of the Agreement provides for confidentiality
of its terms, amount, and facts. I note that the parties'
submissions become part of the record in the case and that the
Freedom of Information Act, 5 U.S.C. § 552 (1988),
requires federal agencies to disclose requested records unless
they are
[PAGE 2]
exempt from disclosure under the Act. See Hamka v. The
Detroit Edison Co., Case No. 88-ERA-26, Sec. Order to Submit
Attachments, Dec. 9, 1991, slip op at 2, n. 1.
Upon review of the terms of the agreement and the case
record, I find that agreement is fair, adequate, and reasonable,
and therefore, I approve the Settlement Agreement and Full
Release. Accordingly, the complaint is DISMISSED with prejudice
pursuant to 29 C.F.R. § 1978.111(d)(2).
Issued this the 26th day of May, 1995, at Cincinnati, Ohio.
Richard E. Huddleston
Administrative Law Judge
