Jackson v. All American Transport, 2001-STA-2 (ALJ Apr. 4, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 2600 Mt. Ephraim Avenue Camden, NJ 08104 (856) 757-5312 856-757-5403 (FAX)

Issue date: 04Apr2001
Case No.: 2001-STA-00002

In the Matter of:

RICK JACKSON
    Complainant

v.

ALL AMERICAN TRANSPORT
    Respondent

   This proceeding arises from a complaint filed under Section 31105 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. §31101, et seq.) and its implementing regulations at 29 C.F.R. Part 1978. A hearing on this matter was held in Milwaukee, Wisconsin on February 21, 2001. The parties reached a settlement during that hearing. A copy of the settlement showing the deduction and reimbursement of $245 of repair charges, a reference letter regarding Mr. Jackson's employment and performance while an employee of All American Transport, and a copy of a DAC report showing he did not abandon the unit (designated as Joint Exhibit 1) has been presented to the undersigned and the parties have requested that the settlement agreement be approved.

   I have carefully considered the facts involved in this case and the difficult legal and factual questions in dispute, as well as the criteria set forth in 29 CFR §1978.111, and upon careful review of the same, I conclude that the settlement is fair and in the best interest of the Claimant. Moreover, I find that the settlement was arrived at without duress and only after full exploration by the parties of all issues in dispute and the difficult legal and factual questions involved. Therefore, I find that the settlement is fair, reasonable, and adequate.

Document: Jackson.wpd Created by: PTEITLER on 04/04/2001 12:10:38 PM   IT IS ORDERED THAT the settlement agreement be, and hereby is, APPROVED.

   IT IS FURTHER ORDERED THAT the complaint in this matter be, and hereby is, DISMISSED.

       PAUL H. TEITLER
       Administrative Law Judge

Camden, New Jersey