Office of Administrative Law Judges 603 Pilot House Drive, Suite
300 Newport News, Virginia 23606-1904
(757) 873-3099 (757) 873-3634
(FAX)
Date: August 29, 2000
Case No.: 2000-STA-30
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
Prosecuting Party,
and
ROBERT M. BURNS,
Complainant,
v.
WAYNE TRANSPORT, INCORPORATED
and TWO RIVERS, INCORPORATED,
Respondents.
FINAL ORDER APPROVING SETTLEMENT
This case arises under the employee protection (whistleblower) provision of
the Surface Transportation Assistance Act (STAA), 49 U.S.C. §31105, and implementing
regulations, 29 C.F.R. Part 1978.
IT IS ORDERED that the Settlement Agreement and General Release, attached
hereto, is hereby approved and the proceeding in this matter is DISMISSED with prejudice.
IT IS FURTHER ORDERED:
1.
That this Order shall have the same force and effect as an order made after a full hearing;
2.
That the entire record in which this Order is based shall consist solely of the Settlement Agreement
and General Release;
3.
The parties waive any further procedural steps before this Court;
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4.
The parties waive any rights to challenge or contest the validity of this Order entered into in
accordance with this Settlement Agreement and General Release;
5.
All parties hereby agree to bear their fees and other expenses incurred in connection with any stage
of this proceeding;
6.
Within ten (10) days after execution of this Agreement, the Respondents shall pay the sum of
$15,000.00, less deductions for customary federal, state and local tax withholdings and deductions
authorized by Complainant. This payment shall be considered back wages for the period April 10,
1999 to July 30, 2000. Complainant acknowledges the sufficiency of the payment described above
as full and complete satisfaction of any and all claims which Complainant has or may have had
against the Respondents;
7.
The parties agree that each has read, understood and voluntarily entered into this Agreement; and
8.
The Order of this Court shall be final agency action.
