Hamrick v. Asche Transfer, Inc., 1999-STA-33 (ALJ Aug. 6, 1999)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Date Issued: August 6, 1999

CASE NO: 1999-STA-33

In The Matter of,

RICHARD HAMRICK
    Complainant

    v.

ASCHE TRANSFER, INC.
    Respondent

   This matter involves a complaint filed by Complainant under the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 31105 and its implementing regulations, 29 C.F.R. § 1978. The parties have submitted a "Stipulation for Approval of Settlement and For Dismissal With Prejudice" and Release which has been executed by the parties as well as by counsel for each of the parties.

   The Settlement Agreement contains, inter alia, a confidentiality provision. The Settlement Agreement contains certain exceptions to the confidentiality provision which allows disclosure of the terms and conditions of the settlement "to the extent required by law . . . " I find that, when properly construed, the Settlement Agreement does not violate public policy or conflict with the Freedom of Information Act (FOIA).

   Pursuant to 29 C.F.R. § 1978.111(d)(2), I find that the Settlement Agreement is a fair, adequate and reasonable resolution of the complaint.

   Accordingly, IT IS HEREBY ORDERED that,

   1. The settlement agreement executed by the parties be approved and the terms thereof be effectuated.

   2. The complaint be dismissed with prejudice.

   3. The Respondent pay Complainant's Attorney Paul O. Taylor, attorney fees in the amount of $4,062.50, in conformance with the agreement of the parties and the verified application for attorney fees filed on July 30, 1999.

   ORDERED this 6th day of August, 1999, at Metairie, Louisiana.

       LEE J. ROMERO, JR.
       Administrative Law Judge