Bowman v. Roadway Express, Inc., 2003-STA-10 (ALJ July 31, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue Date: 31 July 2003
Case No: 2003-STA-0010

In the Matter of:

EDWIN BOWMAN,
    Complainant

   v.

ROADWAY EXPRESS, INC.,
    Respondent

Appearances:

Paul O. Taylor, Esq.
    For the Complainant

Michael F. Dolan, Esq.
    For the Respondent

Before: Robert L. Hillyard
    Administrative Law Judge

   This action arises under the employee protection provisions of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2305, and the implementing regulations of the Secretary of Labor published at 29 C.F.R. Part 1978, on a complaint filed by Edwin Bowman.

   After investigation of the complaint, Gary J. Anderson, Area Director, Occupational Safety and Health Administration, U.S. Department of Labor, issued the Secretary's Findings which were adverse to the Complainant. The Complainant appealed the findings and the case was transferred to the Office of Administrative Law Judges for hearing. On January 10, 2003, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on June 10, 2003, in Chicago, Illinois. On June 5, 2003, the parties submitted, by facsimile, a copy of a Settlement Agreement, and requested that the hearing be canceled. The hearing was canceled pending receipt of the original Settlement Agreement. Paul O. Taylor, attorney for the Complainant, has since advised that he has misplaced the original of the Agreement. The photocopy of the Settlement Agreement is complete and bears the signatures of the Complainant, an official of the Respondent, and the attorneys for the Complainant and the Respondent. The copy is accepted in lieu of the original.

   A copy of the Agreement is attached hereto and made a part of this Order. The Agreement provides for reinstatement of the Complainant with no discipline imposed and a release by the Complainant. The Agreement is to remain confidential to the extent provided by law. After review of the proposed Settlement Agreement, I find it to be fair and reasonable and it will be approved.

   It is, therefore,

   ORDERED that the Settlement Agreement is hereby APPROVED, and it is further,

   ORDERED that the complaint of Edwin Bowman is hereby DISMISSED with prejudice.

       Robert L. Hillyard
       Administrative Law Judge