Ass't Sec'y & Balsis v. Jim Richards Transportation, 2002-STA-26 (ALJ Sept. 6, 2002), 2002-STA-26 (ALJ Sept. 6, 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: 06Sep2002

Case No.: 2002-STA-00026

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
    Prosecuting Party

    and

JOHN BALSIS
    Complainant

    v.

JM RICHARDS TRANSPORTATION and
CRAIG RICHARDS, INCORPORATED

   This proceeding arises under the employee protection provisions of Section 405 of the Surface Transportation Assistance Act ("STAA") of 1982, 49 U.S.C. § 31105, and the implementing regulations promulgated thereunder, 29 C.F.R. Part 1978. Pursuant to a Notice of Hearing dated June 6, 2002, a hearing in this case was scheduled to commence on September 10, 2002, in Fargo, North Dakota. Prior to the hearing, counsel for the parties advised that they had reached a settlement which would dispose of all outstanding issues. On August 30, 2002, the parties presented for approval a written agreement entitled Settlement Agreement and Release. The agreement has been signed by the complainant, respondents and counsel for the prosecuting party and has been submitted for approval by the undersigned. The Settlement Agreement and Release is attached and is made a part of this decision.

   This Administrative Law Judge, having carefully reviewed the Settlement Agreement and Release, concludes that this settlement is a fair, adequate and reasonable settlement of the complaint and it is therefore ORDERED that the settlement agreement shall be, and the same hereby is APPROVED pursuant to the provisions of 29 C.F.R. § 1978.111(d)(2), and that this case is hereby DISMISSED with prejudice.

       JOSEPH E. KANE
       Administrative Law Judge