Date:  November 29, 1995  

Case No. 95-STA-42

In the Matter of:

ANDRE D. CLARK,
         Complainant

    v.

PIEDMONT OF MICHIGAN, INC.,
         Respondent

Before:  Daniel J. Roketenetz
         Administrative Law Judge

                   RECOMMENDED DECISION AND ORDER
                   APPROVING SETTLEMENT AGREEMENT

    This proceeding arises under Section 31105 of the
Surface Transportation Assistance Act of 1982 (49 U.S.C. 2301,
et seq.), and its implementing regulations at 29
C.F.R. Part 1978.  
  
    On November 8, 1995, the parties submitted for approval by the
undersigned a Settlement Agreement and Release, 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 Agreement
         between the parties; and,

    4.   The parties are hereby deemed to waive any further
         procedural steps before the undersigned or the Secretary 
[PAGE 2]
         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 Agreement be, and it hereby is, APPROVED;

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


  

    




                                                                                  

                                                       DANIEL J. ROKETENETZ
                                                       Administrative Law Judge










NOTICE:  This Recommended Decision and Order and the administrative
file in this matter will be forwarded for review by the Secretary
of Labor to the Office of Administrative Appeals, U.S. Department
of Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Ave., N.W., Washington, D.C. 20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).