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| October 4, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter Ass't Sec'y & White v. Material Delivery, Inc., 2001-STA-34 (ALJ Aug. 8, 2001)
Issue date: 08Aug2001
In the Matter of:
ASSISTANT SECRETARY OF LABOR FOR
and
RUSSELL W. WHITE,
v.
MATERIAL DELIVERY, INC.,
APPROVING SETTLEMENT AGREEMENT This proceeding arises from a complaint filed by the Complainant on April 7, 1999, under Section 3ll05 of the Surface Transportation Assistance Act of l982 (49 U.S.C. 3ll0l, et seq.), and its implementing regulations at 29 C.F.R. Part l978. On February 8, 2001, the Regional Administrator of the Occupational Safety and Health Administration (OSHA), found in favor of the Complainant. Subsequently, a request for hearing was filed by the Respondent on March 23, 200l. On July 27, 200l, the parties submitted a Motion for Settlement together with a settlement agreement and stipulations of compliance for consideration and approval by the undersigned, attached hereto and made a part hereof. I have reviewed the agreement, and I enter the following findings: 1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises; 2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits; [Page 2] 3. The entire record on which this Decision and Order is based consists solely of the Complaint and the Settlement Agreement between the parties; and, 4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement. Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that: 1. The Settlement Agreement be, and it hereby is, APPROVED; and, 2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.
DANIEL J. ROKETENETZ
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