Thibault v. The Top Shop, 2004-STA-8 (ALJ Jan. 7, 2004)

U.S. Department of Labor

Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 505 Post Office Square Boston, MA 02109 (617) 223-9355 (617) 223-4254 (FAX)

Issue Date: 07 January 2004

CASE NO.: 2004-STA-00008

In the Matter of

CRAIG R. THIBAULT
    Complainant

    v.

THE TOP SHOP
    Respondent

    At the hearing on January 5, 2004 in this proceeding which arises under the provisions of section 405 of the Surface Transportation Assistance Act, 49 U.S.C. § 31105 (the .STAA.), the parties entered into the following settlement agreement:

By the end of the day on Friday, January 9, 2004, the Respondent Top Shop shall pay to the Complainant Craig R. Thibault the sum of $5,000.00 in full settlement of all claims against The Top Shop, and both parties will exchange general releases of any and all claims arising out of the Complainant.s employment at The Top Shop.

   The STAA and its implementing regulations provide that a proceeding under the STAA 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) (2001). The Administrative Law Judge's role in reviewing the parties. settlement agreement is limited to ascertaining whether the terms of the agreement fairly, adequately and reasonably settle the Complainant.s allegations that the Respondent violated the STAA. Ass't Sec'y & Zurenda v. Corporate Express Delivery Systems, Inc., ARB No. 00-041, ALJ No. 1999-STA-30 (ARB March 31, 2000).

   Pursuant to the requirements of the STAA and 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, the following order is entered:

(1) the parties. Settlement Agreement is hereby approved;

(2) by the end of the day on Friday, January 9, 2004, the Respondent Top Shop shall pay to the Complainant Craig R. Thibault the sum of $5,000.00 in full settlement of all claims against The Top Shop, and both parties will exchange general releases of any and all claims arising out of the Complainant.s employment at The Top Shop; and

(3) the matter is referred to the Administrative Review Board for issuance of a final decision and order pursuant to 29 C.F.R. § 1978.109(c). See Howick v. Experience Hendrix, LLC, ARB No. 02-049, ALJ No. 2000-STA-32 (ARB Sept. 26, 2002).

SO ORDERED.

       DANIEL F. SUTTON
       Administrative Law Judge

Boston, Massachusetts

NOTICE: This Recommended Decision and Order and the administrative file will be forwarded for review to the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., Washington D.C. 20210. 29 C.F.R.