Livingston v. Manfredi Logistic Services, 2001-STA-36 (ALJ July 5, 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: 05Jul2001

CASE NO.: 2001-STA-00036

In the Matter of

LAWRENCE M. LIVINGSTON
    Claimant

    v.

MANFREDI LOGISTIC SERVICES
    Employer

   In this claim made under the Surface Transportation Assistance Act of 1982 (49USC 31105), the parties have agreed to a settlement. The parties have agreed that Lawrence M. Livingston, the Complainant, will receive the sum of Five Hundred ($500.00) Dollars and a letter of reference under the Manfredi Logistic Services, Inc. letterhead. This letter of reference indicates that Lawrence M. Livngston was an employee who performed satisfactory service for the Employer from February 6, 1998 through June 1999. His position was an over the road CDL-A Driver. His job required driving 2000+-miles on a weekly basis delivering LTL freight to dedicated customers. While employed with the Employer, Mr. Livingston proved himself to be a satisfactory employee. The check and letter of reference has been presented to the undersigned to be forwarded to Mr. Livingston 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, and, upon careful evaluation of same, I conclude that the settlement is fair and in the best interest of 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. Accordingly, I find that the settlement is fair, reasonable and adequate.

   IT IS FURTHER ORDERED THAT the settlement be, and hereby is APPROVED.

       PAUL H. TEITLER
       Administrative Law Judge

Camden, NJ