Date: February 17, 1998

Case Nos.: 92-SWD-2
    93-STA-15

In the Matter of

WILLIAM B. FAUST
   Complainant

   v.

CHEMICAL LEAMAN TANK LINES
   Respondent

   By its Order issued on June 13, 1996, the Administrative Review Board remanded this case to me "for appropriate consideration of the parties' proposed settlement, assuming that both parties desire to proceed with the settlement, or if either party so desires, for issuance of a recommended order on damages consistent with the R.O. [Remand Order] of April 2, 1996." (Case Nos. 92-SWD-0002 and 93-STA-0015, ARB June 13, 1996).

   However, rather than proceed further before me, counsel for Chemical

Leaman filed a Demand for Arbitration with the American Arbitration Association in Cincinnati, under terms of a collective bargaining agreement, seeking to compel Faust to comply with the terms of the settlement agreement. I granted Chemical Leaman's motion to Stay proceeding before me by Orders issued on July 23, 1996, and again on October 23, 1996.

   After procedural delays, an arbitral hearing was held on August 27, 1997. Arbitrator Richard Gombert issued his opinion and Award on October 15, 1997, directing, among other things, that the parties "forward a fully signed copy of the Settlement Agreement to the U.S. Secretary of Labor," requesting approval of the agreement and dismissal of this litigation with prejudice. At the request of counsel for Chemical Leaman, I held a telephone conference call with the parties on December 23, 1997, to discuss the steps to be taken to end this matter expeditiously. Without my advocating any course of action, the parties recognized that their options were to submit the settlement agreement and request for its approval either to me for a recommended disposition, or to the Administrative Review Board or the Secretary of Labor. Through counsel, Faust submitted the settlement agreement to Secretary of Labor Alexis Herman under cover of a letter dated December 31, 1997; Chemical Leaman submitted the agreement to the Secretary, urging approval, under cover of a letter dated January 8, 1998.

   The Administrative Review Board has now requested that the record in this matter be returned to it for review in its consideration of the settlement. Accordingly, subject-matter jurisdiction, and the case record, are transferred tot he Administrative Review Board, as designee of the Secretary of Labor (see Secretary's Order 2-96, 61 Fed. Reg. 1978, May 3, 1996), for consideration at it direction, 29 C.F.R. §1978.111(d)(2).

      J. MICHAEL O'NEILL
      Administrative Law Judge