Dale v. Step 1 Stairworks, Inc., ARB Nos. 05-142. 06-057, ALJ No. 2002-STA-30 (ARB Sept. 28, 2006)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 05-142
    06-057
ALJ CASE NO. 2002-STA-30
DATE: September 28,2006

In the Matter of:

STEPHEN W. DALE,
          COMPLAINANT,

    v.

STEP 1 STAIRWORKS, INC.,
          RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For the Complainant:
    Diana Brodman Summers, Lisle, Illinois

For the Respondent:
    Greg Andrews, Andrews Koehler & Passarelli, P.C., Hinckley, Illinois

FINAL DECISION AND ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE

    This case is on appeal before the Administrative Review Board under the employee protection provisions of the Surface Transportation Assistance Act (STAA) of 1982, as amended.¹ On September 7, 2006, the Respondent's counsel submitted to the Board a Settlement Agreement and General and Specific Release signed by the Complainant, Stephen W. Dale, and the Respondent, Step 1 Stairworks.

    Under the STAA's implementing regulations, the parties may settle a case at any time after the filing of objections to the Assistant Secretary's preliminary findings "if the

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participating parties agree to a settlement and such settlement is approved by the Administrative Review Board . . . or the ALJ."² The regulations direct the parties to file a copy of the settlement "with the ALJ or the Administrative Review Board, United States Department of Labor, as the case may be."³

    Our review of the settlement agreement reveals that it is intended to settle matters under laws other than the STAA.⁴ Our authority to review settlement agreements is limited to the statutes within our jurisdiction and is defined by the applicable statutes.⁵ Accordingly, to the extent that his agreement settles Dale's STAA complaint, we APPROVE the Settlement Agreement and DISMISS Dale's STAA complaint with prejudice.

    SO ORDERED.

          OLIVER M. TRANSUE
          Administrative Appeals Judge

          M. CYNTHIA DOUGLASS
          Chief Administrative Appeals Judge

[ENDNOTES]

¹ 49 U.S.C.A. § 31105 (West 1997).

² 29 C.F.R. § 1978.111(d)(2) (2005).

³ Id.

⁴ Settlement Agreement and General and Specific Release, para. 5, 6, 10.

⁵ Saporito v. GE Med. Sys., ARB No. 05-009, ALJ Nos. 03-CAA-1, 03-CAA-2, slip op. at 3 (ARB May 24, 2005).