Paul v. USF Glen Moore Transport, 2002-STA-16 (ALJ Apr. 18, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue Date: 18 April 2003
CASE NO.: 2002-STA-0016

In the Matter of:

ROBERT C. PAUL,
    Complainant

    v.

USF GLEN MOORE TRANSPORT
    Respondent

   This case arises under the employee protection provisions of the Surface Transportation Assistance Act, 49 U.S.C. § 31105 (1994) and the implementing regulations, 29 C.F.R. Part 1978. By notice filed April 11, 2003, Complainant and Respondent advised that the parties have resolved their differences and requested that the action be discontinued with prejudice. Pursuant to 29 C.F.R. §1978.111(d)(2) a copy of the executed Settlement Agreement and Full Release with a request for dismissal of this matter with prejudice was submitted.

   The Settlement Agreement provides that Complainant releases Respondent from claims arising under the Surface Transportation Act as well as under various other laws. This review is limited to whether the terms of the settlement are a fair, adequate and reasonable settlement of Complainant's allegations that Respondent violated the STAA. Kidd v. Sharron Motor Lines, Inc., 87-STA-2 (Sec'y July 30, 1987).

   Upon review of the terms of the agreement and the case record, I find that agreement is fair, adequate, and reasonable, and therefore, I approve the Settlement Agreement and Full Release. Accordingly, it is Ordered that the complaint is DISMISSED with prejudice pursuant to 29 C.F.R. § 1978.111(d)(2).

       RICHARD E. HUDDLESTON
       Administrative Law Judge