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Issue Date: 06 November 2003 CASE NO.: 2003-STA-34
IN THE MATTER OF
RICHARD S. MURRAY
Complainant
v.
PALMETTO STATE TRANSPORTATION
Respondent
Appearances:
Paul Taylor, Esq.
For the Complainant
John Mann, Esq.
For the Respondent
Before: Lee J. Romero, Jr.
Administrative Law Judge
DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING COMPLAINT
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 Richard S. Murray against Palmetto State Transportation.
After investigation of the complaint, 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 June 6, 2003, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on October 15, 2003, in Greenville, South Carolina. On September 24, 2003, Counsel for Complainant, by facsimile, advised that a settlement agreement had been reached by the parties. The hearing was cancelled pending receipt of the proposed settlement agreement.
On November 3, 2003, Counsel for Complainant filed an Unopposed Motion to Approve Settlement and Dismiss Proceeding. The Agreement provides for waiver of reinstatement by Complainant to Respondent and payments of a sum certain to Complainant and to Paul O. Taylor for attorney's fees for services rendered in the representation of Complainant. The Agreement is to remain confidential to the extent provided by law. After reviewing the proposed Settlement Agreement, which is signed by Complainant and the President of Respondent, I find that it is fair, adequate and reasonable and, accordingly, it is approved.
ORDER
It is, therefore,
ORDERED that the Settlement Agreement is hereby APPROVED, and it is further ORDERED that the complaint of Richard S. Murray is hereby DISMISSED with prejudice.
ORDERED this 6th day of November, 2003, at Metairie, Louisiana.
