DATE: June 16, 1993
CASE NO. 92-STA-25
IN THE MATTER OF
KENNETH W. ARLEDGE,
COMPLAINANT,
v.
SCOTTSERVE INC.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
NOTICE OF CASE CLOSING
On March 31, 1993, the Administrative Law Judge (ALJ) issued
a Decision and Order Approving Settlement and Dismissing
Complaint (D.O.) in this arising under the employee protection
provision of the Surface Transportation Assistance Act of 1982,
42 U.S.C. app. § 2305 (1988), and the implementing
regulations at 29 C.F.R. Part 1978 (1992).
In his decision, the ALJ ordered approval of the parties'
settlement agreement based on his finding that it was fair,
adequate and reasonable pursuant to 29 C.F.R. §
1978.111(d)(2). The settlement agreement was incorporated
into the decision and the complaint was dismissed with prejudice.
Under Section 1978.111(d)(2), the ALJ has the authority to
approve this STAA settlement, and he has properly exercised this
authority. SeeSwisher v. Gerber Childrenswear, Inc.,
Case No. 93-STA-00001, Final Order Approving Settlement Agreement,
Jan. 4, 1993.
Accordingly, this notice is to advise the parties that the
case is closed pursuant to the ALJ's final order.
For the Secretary of Labor
[PAGE 2]
Gresham C. Smith
Acting Director, Office of
Administrative Appeals [1]
Washington, D.C.
[ENDNOTES]
[1] This notice is issued pursuant to Secretary's Order 3-90, 55
Fed. Reg. 13,250 (April 9, 1990) (copy appended).