Iaquinta v. Nashville Express, Inc., 2001-STA-28 (ALJ Mar. 20, 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: 20Mar2001
Case No.: 2001-STA-00028

In the Matter of:

ANDREE IAQUINTA
    Complainant

v.

NASHVILLE EXPRESS, INC.
    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 detailed settlement agreement signed by the claimant, Andree Iaquinta, and the respondent, Nashville Express, Inc., (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.

   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, N.J.