DATE: JUNE 15, 1995
Case No. 95-STA-18
In the Matter of:
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
Prosecuting Party
and
DAVID P. SCHIAVONE
Complainant
v.
DAYTON FREIGHT LINES, INC.
Respondent
DECISION AND ORDER - APPROVING SETTLEMENT
The parties have submitted for my approval a settlement
agreement in the above-captioned case. The Settlement Agreement
is incorporated by reference and is attached hereto as
Appendix A.
SETTLEMENT AGREEMENT
In addition to complaint's being reinstated as a truck
driver with the respondent trucking company, which has already
been done, the parties have agreed that complainant will be
placed on the applicable seniority list of respondent; that
complainant will receive back wages in the amount of $19,176.00,
plus interest of $392.91, less applicable taxes, for the period
May 20, 1994 through January 6, 1995; that any adverse references
to complainant's discharge or any protected activity will be
expunged from complainant's personnel records; and, finally, that
respondent's objections to the Secretary's Findings and
Preliminary Order issued January 4, 1995 will be withdrawn.
I have reviewed the terms of the Settlement Agreement, and I
find them fair, adequate and reasonable. Accordingly, the
settlement is hereby APPROVED. 28 C.F.R. §1978.111(d)(2)
__________________________
GEORGE P. MORIN
Administrative Law Judge
GPM:lab