Ass't Sec'y & Richards v. Don Entus Log Road Construction, 2002-STA-42 (ALJ Dec. 3, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue Date: 03 December 2002

CASE NO. 2002-STA-00042

In the Matter of

Assistant Secretary of Labor for OSHA,
    Prosecuting Party,

and

Flann Richards,
    Complainant,

    v.

Don Entus Log Road Construction,
    Respondent.

   This matter arises under the employee protection provisions of the Surface Transportation and Assistance Act of 1982, 49 U. S. C. § 31101, et seq. (the STAA). Under the STAA and its implementing regulations, a proceeding may be terminated on the basis of a settlement, if the Secretary or an administrative law judge approves the settlement. 49 U.S.C. app. § 2305(c)(2)(A); 29 C.F.R. § 1978.111(d)(2). The parties submitted a settlement agreement for the disposition of this case on December 2, 2002. The terms of the proposed settlement are fair, adequate, and reasonable. It addresses and resolves all the issues pending in the controversy, and the parties have stated that they have made no other agreements involving the allegations raised in this matter. Based on that agreement it is ordered that:

   1. this matter is dismissed;

   2. the Office of Administrative Law Judges retains jurisdiction to enforce any obligations imposed by or assumed under their settlement agreement; and

   3. each party shall bear its own costs.

      WILLIAM DORSEY
      Administrative Law Judge