Baena v. Atlas Air, Inc., 2002-AIR-24 (ALJ Dec. 30, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800

Issue Date: 30 December 2002

Case No.: 2002-AIR-00024

In the Matter of

CARLOS E. BAENA
    Complainant

    and

ATLAS AIR, INC.
    Respondent

   This proceeding arises under the employee protection provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. §42121, et. Seq. ("AIR 21"). The provisions of this statue provide whistleblower protection for employees of the airline industry.

   On December 24, 2002, Carlos E. Baena, Complainant filed a Notice of Dismissal with Prejudice with this Office requesting that this matter be dismissed with prejudice and withdrawn with prejudice pursuant to the parties' settlement agreement.

    The parties' request is HEREBY GRANTED and the hearing scheduled for February 18 and 19, 2003 in Miami, Florida, is CANCELED.

       PAUL H. TEITLER
       Administrative Law Judge

Cherry Hill, New Jersey