Case No.: 96-STA-24

File No.: 1-0280-96-50

In the Matter of:

Assistant Secretary of Labor for Occupational Safety and Health

Prosecuting Party

William Watson

Complainant

v.

Herb Holden Trucking, Inc.

Respondent

The undersigned is in receipt of a "Joint Motion to Approve Settlement Agreement," entered into by the parties and filed with the subject "Settlement Agreement," which is incorporated by reference and attached hereto as Appendix A. The parties entered into this agreement on July 9, 1996.

The rules for implementation of Section 405 of the Surface Transportation Assistance Act of 1982, hereinafter "the STAA," are contained in 29 C.F.R. S 1978 et seq. In pertinent part, these regulations state;

Adjudicatory settlement. At any time after the filing of objections to the Assistant Secretary's findings and/or order, the case may be settled if the participating parties agree to a settlement and such settlement is approved by the Secretary of Labor or the ALJ. A copy of the settlement shall be filed with the ALJ or the Secretary as the case may be.

29 C.F.R. § 1978.111(d)(2). A settlement agreement by the parties in a case governed by the STAA must be fair, adequate and reasonable. Moravac v. H. C. & M. Transportation, Inc., 90-STA-44 (Sec'y Oct. 26, 1992).

In the case at bar, the provisions of 29 C.F.R. § 1978.111(d)(2) have been met, and I find the submitted agreement to be fair, adequate and reasonable. Therefore, the settlement agreement is hereby APPROVED, and the complaint is hereby DISMISSED WITH PREJUDICE.

DAVID W. DI NARDI

Administrative Law Judge

Boston, Massachusetts

DWD:gcb