Olsen v. Graphic House, Inc., 2003-STA-22 (ALJ May 21, 2004)

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: 21 May 2004

Case No.: 2003-STA-00022

WILLIAM W. OLSEN
    Complainant

    v.

GRAPHIC HOUSE, INC.

    and

HUGH B. HARTINGER, President
    Respondents

   This proceeding arises under the employee protection provisions of Section 405 of the Surface Transportation Assistance Act ("STAA") of 1982, 49 U.S.C. § 31105, and the imple-menting regulations promulgated thereunder, 29 C.F.R. Part 1978. Pursuant to a Notice of Hearing dated February 19, 2004, a hearing in this case was scheduled to commence on May 13, 2004, in Wausau, Wisconsin. Prior to the hearing, counsel for the complainant advised that the parties had reached a settlement which would dispose of all outstanding issues. On May 11, 2004, the parties presented for approval a written agreement entitled Complainant's Unopposed Motion to Approve Settlement Agreement and Dismiss Proceeding with Prejudice. The agree-ment has been signed by the parties and has been submitted for approval by the undersigned. The Settlement Agreement is attached hereto and is made a part of this Order. The Agreement is to remain confidential to the extent provided by law.

   After careful review of the Settlement Agreement, I find it to be a fair, adequate and reasonable settlement of the complaint and it will be approved. It is therefore ORDERED that the settlement agreement shall be, and the same hereby is APPROVED pursuant to the provisions of 29 C.F.R. § 1978.111(d)(2), and that this case is hereby DISMISSED with prejudice.

       JOSEPH E. KANE
       Administrative Law Judge