Green v. Fed Ex Freight East, Inc., ARB No. 08-016, ALJ No. 2007-STA-8 (ARB Jan. 31, 2008)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 08-016
ALJ CASE NO. 2007-STA-008
DATE: January 31, 2008

In the Matter of:

KEITH C. GREEN,

       COMPLAINANT,

    v.

FED EX FREIGHT EAST, INC.,

       RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

FINAL DECISION AND ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE

   This case arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act (STAA) of 1982.¹ On August 30, 2007, the parties submitted a Settlement Agreement and Release of All Claims signed by the Complainant, Keith C. Green, and the Respondent, Fed Ex Freight East, Inc., to a Department of Labor Administrative Law Judge (ALJ). Under the regulations implementing the STAA, the parties may settle a case at any time after the filing of objections to the Assistant Secretary’s preliminary findings "if the participating parties agree to a settlement and such settlement is approved by the Administrative Review Board . . . or the ALJ."² The regulations direct the parties to file a copy of the settlement "with the ALJ or the Administrative Review Board, United States Department of Labor, as the case may be."³

   When the parties reached a settlement the case was pending before the ALJ. Therefore, the ALJ appropriately reviewed the settlement agreement. On November 7,

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2007, the ALJ issued a Recommended Order Approving Settlement and Dismissing Case. According to the STAA’s implementing regulations, the Administrative Review Board (ARB or Board) issues the final decision and order in this case.⁴

   The Board issued a Notice of Review and Briefing Schedule apprising the parties of their right to submit briefs supporting or opposing the ALJ’s recommended decision on November 26, 2007.⁵ Neither party replied to the notice. We therefore deem that the settlement is unopposed under the terms of the Recommended Order Approving Settlement Agreement and Dismissing Case.

   The Board finds that the settlement is fair, adequate and reasonable. Accordingly, we APPROVE the agreement and DISMISS the complaint with prejudice.

   SO ORDERED.

            M. CYNTHIA DOUGLASS
            Chief Administrative Appeals Judge

            OLIVER M. TRANSUE
            Administrative Appeals Judge

[ENDNOTES]

¹ 49 U.S.C.A. § 31105 (West 2007).

² 29 C.F.R. § 1978.111(d)(2) (2007).

³ Id.

⁴ 29 C.F.R. § 1978.109(c)(2); Monroe v. Cumberland Transp. Corp., ARB No. 01-101, ALJ No. 2000-STA-050 (ARB Sept. 26, 2001); Cook v. Shaffer Trucking Inc., ARB No. 01-051, ALJ No. 2000-STA-017 (ARB May 30, 2001).

⁵ 29 C.F.R. § 1978.109(c)(2).