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USDOL/OALJ Reporter

Ass't Sec'y & Briney v. Exel Logistics, 2004-STA-5 (ALJ Mar. 25, 2004)


U.S. Department of LaborOffice of Administrative Law Judges
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Issue Date: 25 March 2004
CASE NO.: 2004-STA-00005

IN THE MATTER OF


OCCUPATIONAL SAFETY AND HEALTH,
    Prosecuting Party

    and

PAT BRINEY,
    Complainant

    v.

EXEL LOGISTICS,
    Respondent

DECISION AND ORDER APPROVING CONSENT FINDINGS
and DISMISSING COMPLAINT

   This case arises under the employee protection provisions of Section 405 of the Surface Transportation Act (STAA) 49 U.S.C. § 31105. On March 24, 2004, the Parties submitted and executed Consent Findings and Order in final disposition of the above case. (Consent Findings and Order is attached hereto and marked as "Exhibit A").

   This Administrative Law Judge, having reviewed the Consent Findings, concludes that this is a fair, adequate and reasonable settlement of the complaint and it is therefore ORDERED that the Consent Findings 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.

   So ORDERED.

      LARRY W. PRICE
      Administrative Law Judge

LWP:bbd



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