Date: February 9, 1999

Case No. 1999-STA-6

In the Matter of:

HARRY C. YOUNG,
    Complainant

    v.

THE BOC GROUP,
    Respondent

   This proceeding arises from a complaint filed under Section 31105 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 31101, et seq.), and its implementing regulations at 29 C.F.R. Part 1978.

   On February 3, 1999, the parties submitted for approval by the undersigned a Stipulated Motion to Approve Settlement, duly executed by all parties to this litigation, attached hereto and made a part hereof. I have reviewed the agreement and I enter the following findings:

1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;

2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;

3. The entire record on which this Decision and Order is based consists solely of the Complaint and the Settlement Agreement between the parties; and,

4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.

   Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that:

1. The Settlement Agreement be, and it hereby is, APPROVED;

2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.

       DANIEL J. ROKETENETZ
       Administrative Law Judge