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September 23, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Escobosa v. Silverstar Coach Lines, Inc., 94-STA-49 (ALJ Jan. 4, 1995)


DATE: January 4, 1995

CASE NO.: 94-STA-49

In the Matter of:

MICHAEL A. ESCOBOSA,
     Complainant

v.

SILVERSTAR COACH LINES, INC.
     Respondent


Michael A. Escobosa,
     In pro per

Arthur M. Eidelhoch, Esq.
     For Respondent


Before: ALFRED LINDEMAN, Administrative Law Judoe

                         DECISION AND ORDER

     This matter arises under the Surface Transportation
Assistance Act of 1982, 49 U.S.C. §2301 et seq., and
applicable regulations, 29 C.F.R. §§1978.106-1978.109.
On January 3, 1995, the parties filed an executed document
entitled "Separation Agreement and Release of All Claims" under
which they have settled the matter according to the terms
contained therein.[1]    Having considered the proposed
settlement as it relates to the matter before me, including the
"Secretary's Findings" dated August 8, 1994, issued after the
Regional Administrator's investigation of the matter; the fact
that complainant separately filed a letter dated December 19,
1994, stating that he requested that the matter be "dismissed
with prejudice" based on the Ifvoluntary resolution of this
matter"; and the fact that although complainant elected to appear
"in pro per" in this proceeding, the agreement is also executed
by an attorney who represented complainant in connection with its
formulation, I find that the terms of the settlement are a fair,
adequate and reasonable resolution of the matter before me. 
Accordingly, the matter is dismissed.  See 29 C.F.R.
§1978.111(d)(2).



[PAGE 2] SO ORDERED. ALFRED LINDEMAN Administrative Law Judge [ENDNOTES] [1] The settlement which is a global resolution of multiple actions filed by complainant before various city, state and federal agencies, provides, inter alia, that respondent will pay complainant the gross amount of $10,000.00 "in full and complete settlement of any and all claims against the [respondent] including, but in no wav limited to, any claim made against Silverstar in connection with Escobosa's separation from employment. The agreement also contains confidentiality provisions, which are to be honored in this forum consistent with applicable statutoty and regulatory criteria.



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