Date: September 30, 1996

Case No. 96-STA-22

In the Matter of

ASSISTANT SECRETARY FOR
OCCUPATIONAL SAFETY AND HEALTH
UNITED STATES DEPARTMENT OF LABOR
    Prosecuting Party

    and

BOBBY LEE KING
    Complainant

    v.

CBS REDI-MIX, INC.
    Respondent

BEFORE: ROBERT L. HILLYARD
    Administrative Law Judge

    This action arises under the employee protection provisions of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. 2305, and the implementing regulations of the Secretary of Labor published at 29 C.F.R. Part 1978, on a complaint filed by Bobby Lee King.

    After investigation of the complaint, Charles E. Adkins, Regional Administrator, Occupational Safety

and Health Administration, U.S. Department of Labor, issued Secretary's Findings and Preliminary Order in which he found that the complaint had merit. The Respondent filed objections to the findings, requested a hearing and the matter was transferred to the Office of Administrative Law Judges for hearing. On June 11, 1996, a Notice of Hearing and Prehearing Order was issued scheduling a hearing on September 18, 1996, at Springfield, Missouri. The hearing was continued at the request of the parties pending receipt of the settlement agreement. On September 23, 1996, the parties filed a Settlement Agreement, a copy of which is attached hereto and made a part hereof. After review of the proposed Settlement Agreement, I find that the agreement is fair and reasonable and will be approved.

    It is, therefore,

    ORDERED that the Settlement Agreement dated August 29, 1996, is approved and,

    ORDERED that the complaint of Bobby Lee King be dismissed.

      Robert L. Hillyard
      Administrative Law Judge