Ass't Sec'y & Shave v. Brisco Bailing Corp., 2002-STA-37 (ALJ Jan. 16, 2004)

U.S. Department of Labor

Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109 (617) 223-9355 (617) 223-4254 (FAX)

Issue Date: 16 January 2004
CASE NO.: 2002-STA-00037

In the Matter of ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH
    Prosecuting Party

    and

PRESCOTT B. SHAVE     Complainant

    v.

BRISCO BAILING CORPORATION d/b/a
BROCKTON IRON & STEEL COMPANY,
PAUL VENTURA and AL CASIELLO
    Respondents

    In this proceeding which arises under the provisions of section 405 of the Surface Transportation Assistance Act, 49 U.S.C. §§ 31105 (the ""STAA""), a decision and order was issued on July 31, 2003, approving a settlement agreement between the parties. Thereafter, on December 19, 2003, the Prosecuting Party moved to vacate the settlement agreement and the decision and order approving same on the ground that the Respondents'' attorney had stated that he is unable to obtain payment of $500.00 from his clients to the Complainant as required under the terms of the settlement agreement. The Respondents did not answer the Prosecuting Party''s motion, and the Court issued an order on January 9, 2004, vacating the July 31, 2003 decision and order approving settlement agreement and setting the matter for hearing.

    On January 14, 2004, the Prosecuting Party moved to withdraw its motion to vacate the settlement agreement, stating that counsel to the Respondents has remitted the $500.00 in satisfaction of the terms of the settlement agreement. In view of the Respondents compliance with the terms of the settlement agreement, the Prosecuting Party''s motion is GRANTED, the January 9, 2004 order is WITHDRAWN, and the July 31, 2003 decision and order approving settlement agreement is REINSTATED.

SO ORDERED.

       DANIEL F. SUTTON
       Administrative Law Judge

Boston, Massachusetts