Mincham v. Accurate Transmissions, Inc., 2003-STA-43 (ALJ Mar. 31, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Case No. 2003-STA-00043

Issue Date: 31 March 2004

............................................................

In the Matter of

COLIN MINCHAM
    Complainant

    v.

ACCURATE TRANSMISSIONS, INC.
    Respondent

............................................................

    This proceeding arises under Section 31105 of the Surface Transportation Assistance Act (STAA) of 1982 (49 U.S.C. § 31101) and the regulations promulgated at [29 C.F.R. Part 1978 (1989)]. The parties, on March 16, 2004 filed a Settlement Agreement in accordance with 29 C.F.R. § 1978.111(d)(2). The Agreement resolves the controversy arising from the complaint of Colin Mincham under the statute.

    The Act and implementing regulations provide that a proceeding under the Act may be ended prior to entry of a final order by a settlement agreement between the parties. 49 U.S.C. §31105(b)(2)(C); 29 C.F.R. §1978.111(d)(2). A Judge's role in reviewing the settlement agreement is limited to ascertaining whether the terms of the agreement fairly, adequately, and reasonably settle the complaint allegations. Ass't Sec'y & Zurenda v. Corporate Express Delivery Systems, Inc., ARB No. 00-041, OALJ No. 1999-STA-30 (ARB March 31, 2000) (Zurenda); Champlin v. Florilli Corp., OALJ No. 1991-STA-7 (Sec'y May 20, 1992).

    Pursuant to the requirements of the Act and the implementing regulations, I have carefully reviewed the terms of the parties' Settlement Agreement, and I have determined that it constitutes a fair, adequate and reasonable settlement of the complaint. Accordingly, approval of the Settlement Agreement and dismissal of the complaint constitutes the final order in this matter. Pettit v. Des Moines Asphalt & Paving Co., OALJ No. 1996-STA-3 (ARB December 30, 1996). Therefore;

    IT IS HEREBY ORDERED that (1) the parties' Settlement Agreement, be and it hereby is, hereby approved; and (2) the above-referenced complaint is hereby dismissed with prejudice.

      Stuart A. Levin
      Administrative Law Judge