Radle v. Panther Bus Service, Inc., 2003-STA-19 and 20 (ALJ Nov. 5, 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: 05 November 2003

Case Nos. 2003-STA-19
    2003-STA-20

In the Matter of:

KAREN RADLE,
SANDRA WAYNE,
    Complainants,

v.

PANTHER BUS SERVICE, INC.
    Respondent.

Appearances:
Janet McDonough, Esq.
On behalf of Complainants

G. Jeffrey George, Esq.
On behalf of Respondent

Before: Thomas F. Phalen, Jr.
    Administrative Law Judge

   This matter arises under the Surface Transportation Assistance Act of 1982 ("the Act" or "STAA"), 49 U.S.C. § 31105, and the regulations promulgated thereunder at 29 C.F.R. Part 1978. The STAA provides protection from discrimination to employees who report violations of commercial motor vehicle safety rules or who refuse to operate a vehicle when such operation would be in violation of those rules. This matter is before me on Complainant's request for hearing and objection to findings issued on behalf of the Secretary of Labor by the Regional Administrator of the Department of Labor Occupational Safety and Health Administration ("OSHA") after investigation of the complaint. 49 U.S.C. § 31105(b)(2)(A), 29 C.F.R. § 1978.105.

   Through an order issued on May 6, 2003, the claims of Karen Radle and Sandra Wayne were consolidated for the purposes of the hearing and the issuance of a decision and order. On August 26, 2003, an amended order and memorandum of telephone conference was issued, which set these matters for hearing on October 15, 2003 in Eau Claire, Wisconsin. The parties informed the undersigned on October 13, 2003 that they had negotiated a settlement of both claims and requested that the hearing be cancelled. The undersigned cancelled the hearing pending the receipt of the settlement agreement.

   On November 3, 2003, the undersigned received the original executed settlement agreements between Complainants and Respondent. A copy of the agreements are attached hereto and made a part of this order. The agreement provides Complainants each agreed to accept a one time payment as full and complete settlement of claims several claims that each had filed against Respondent, including their complaints under the STA. After reviewing the settlement agreements, the undersigned finds the agreements to be fair and reasonable. Therefore,

IT IS ORDERED that:

(1) the settlement agreements are hereby APPROVED for recommended approval by the Administrative Review Board.¹

(2) the complaint of Karen Radle and the complaint of Sandra Wayne are hereby DISMISSED.

¹ It is understood that this approval of the undersigned for recommended approval by the Administrative Review Board applies to the STAA aspect of the attached agreement only, and that the undersigned and the Administrative Review Board have no jurisdiction over the NLRB, EEOC and Wisconsin ERD aspects of the settlement agreement.