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| September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter Monroe v. Cumberland Transportation Corp, 2000-STA-50 (ALJ Sept. 13, 2001)
Issue date: 13Sep2001 CASE NOS.: 2000-STA-00050 In the Matter of
ROGER H. MONROE
v.
CUMBERLAND TRANSPORTATION CORP.
AGREEMENT AND DISMISSING COMPLAINT In this proceeding which arises under the provisions of section 405 of the Surface Transportation Assistance Act, 49 U.S.C. §31105 ("the Act"), the parties have filed for approval a settlement agreement, and the Complainant has requested to withdraw his complaint. 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). The Administrative Law Judge's role in reviewing the parties's 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 Act. 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 with one minor clarification. [Page 2]
Accordingly, IT IS HEREBY ORDERED that: (1) the parties' Settlement Agreement is hereby approved; and (2) the above-captioned complaint is hereby dismissed with prejudice. This 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).
Daniel F. Sutton
Boston, Massachusetts
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