Floyd v. Bavarian Motor Transport, Inc., 2003-STA-52 (ALJ May 25, 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: 25 May 2004

Case No. 2003-STA-52

In the Matter of

KEITH FLOYD,
    Complainant,

    v.

BAVARIAN MOTOR TRANSPORT, INC.,
    Respondent.

    The above-captioned matter came on for hearing before the undersigned on February 18, 2004, in Lansing, Michigan. Briefs were due to be filed on May 5, 2004.

    On May 3, 2004, the parties submitted a Consent Order of Dismissal with Prejudice based on their representations that they had reached an "agreement." However, the parties failed to submit a copy of their agreement for review and approval of the undersigned. On May 5, 2004, I issued a Notice of Deficiency requiring that the parties submit their agreement to assure that the terms of the settlement are fair, adequate and reasonable.

   On May 12, 2004, the parties submitted their agreement. I have carefully reviewed the agreement and find that it is fair, adequate, reasonable, and tends to effectuate the purpose of the Act under which this proceeding arises. Where, as here, the case is still in the adjudicatory stage, pursuant to 29 C.F.R. § 1978.111(d)(2), the Administrative Law Judge has the authority to review the settlement, determine if it is fair, adequate and reasonable, and, if he so concludes, to issue a final order of dismissal. Thompson v. G & W Transportation Co., Inc., 90-STA-25 (Sec'y Oct. 24, 1990). See also, Arledge v. Scottserve Inc., 92- STA-25 (Sec'y June 16, 1993). Accordingly,

    It is Ordered that the agreement of the parties is hereby APPROVED and this matter is DISMISSED with prejudice.

       DANIEL J. ROKETENETZ
      Administrative Law Judge