Ass't Sec'y & Barlow v. Kentucky Container Service, Inc., 2002-STA-8 (ALJ Aug. 20, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 20Aug2002

Case No. 2002-STA-8

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
    Prosecuting Party,

    and

ERIC BARLOW,
    Complainant,

    v.

KENTUCKY CONTAINER SERVICE, INC.
    Respondent.

   This proceeding arises from a complaint filed on November 30, 2000, 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. On September 21, 2001, the Secretary of Labor issued Findings and Preliminary Order in favor of the Complainant. The Respondent objected to the Findings and Preliminary Order and requested a hearing on October 22, 2001.

   On July 25, 2002, the Assistant Secretary of Labor for Occupational Safety and Health submitted for approval by the undersigned a Motion to Approve Settlement together with a Settlement Agreement duly executed by all parties to this litigation. 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;

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 Assistant Secretary's Motion to Approve Settlement is GRANTED;

2. The Settlement Agreement be, and it hereby is, APPROVED; and,

3. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.

       DANIEL J. ROKETENETZ
       Administrative Law Judge