ARB CASE NO. 97-032
(ALJ CASE NO. 96-STA-0003)
DATE: December 30, 1996

In the Matter of:

HARRY PETTIT
    COMPLAINANT

    v.

DES MOINES ASPHALT &
PAVING CO.,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

    On December 12, 1996, the Administrative Law Judge (ALJ) issued a Recommended Decision and Order Approving Settlement in this case which arises under the Surface Transportation Assistance Act of 1982, 49 U.S.C.A. § 31105 (1994). Pursuant to 29 C.F.R. § 1978.111(d)(2), the ALJ has the authority to approve a settlement. Accordingly, the ALJ's order is the final departmental action and this case is CLOSED.

SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly created Administrative Review Board. Secretary's Order 2-96 (Apr. 17, 1996), 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order, and regulations under which the Administrative Review Board now issues final agency decisions.