DATE: January 21, 1997

CASE NO. 96-STA-26

In the Matter of

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

DAN GEIER,
    Complainant

    v.

READY MIXED CONCRETE COMPANY
    Respondent

Kathleen Butterfield, Attorney
    Office of the Solicitor,
    U. S. Department of Labor
    1100 Main Street
    Kansas City, MO 64105
       For the Prosecuting Party and Complainant

William T. Oakes, Attorney
    10306 Regency Parkway Drive
    Omaha, NE 68114
       For Respondent

Before: ALFRED LINDEMAN
    Administrative Law Judge

   This matter arises under the Surface Transportation Assistance Act of 1982, 49 U.S.C. §2301 et seq., and applicable regulations, 29 C.F.R.

§§1978.106-1978.109. At the time of the duly scheduled hearing in Omaha, Nebraska, on November 21, 1996, the parties arrived at a settlement, and their executed "Settlement Agreement" was subsequently filed in this office on January 17, 1997. Under the terms of the agreement, inter alia, the respondent will pay to complainant a total of $7,000.00, which amount "represents a compromise of the back wages alleged to be due as a result of Geier's termination at close of business on or about November 10, 1996," the respondent "agrees to expunge from Geier's personnel records any and all adverse references to his termination, including . . . the allegation that he was terminated for insubordination," and "the parties agree that the terms of settlement are fair, adequate, and reasonable."

   Having considered the proposed settlement as it relates to the matter before me, including the Secretary's Findings and Preliminary Order dated May 15, 1996, I find that the terms of the settlement are a fair, adequate and reasonable resolution of the matter. Accordingly, the settlement is approved as incorporated herein by reference, and the matter is hereby DISMISSED.

See 29 C.F.R. §1978.111(d)(2).

   SO ORDERED.

       ALFRED LINDEMAN
       Administrative Law Judge

San Francisco, California
AL:ms