ARB CASE NO. 05-041
ALJ CASE NO. 2004-STA-23
DATE: July 28, 2006
In the Matter of:
CURT SIEKERT,
COMPLAINANT,
v.
TAYLOR MADE EXPRESS,
INC.,
RESPONDENT.
BEFORE: THE
ADMINISTRATIVE REVIEW BOARD
FINAL DECISION AND
ORDER APPROVING SETTLEMENT
AND DISMISSING
COMPLAINT WITH PREJUDICE
This case arises
under the employee protection provisions of the Surface Transportation
Assistance Act (STAA) of 1982, as amended.
On December 17, 2004, Complainant's counsel submitted a Settlement and Release
signed by the Complainant and the Respondent to a Department of Labor
Administrative Law Judge (ALJ). Under the regulations implementing the
STAA, the parties may settle a case at any time after the filing of objections
to the Assistant Secretary's preliminary findings "if the participating
parties agree to a settlement and such settlement is approved by the
Administrative Review Board . . . or the ALJ."
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."
When the parties
reached a settlement the case was pending before the ALJ. Therefore, the ALJ
appropriately reviewed the settlement agreement. On December 22, 2004, the ALJ
issued a Recommended Decision and Order (R. D. & O.) Approving
[Page 2]
Settlement and Dismissing Complaint. According to the STAA's implementing regulations,
the Administrative Review Board issues the final decision and order in this
case.
The Board issued
a Notice of Review and Briefing Schedule apprising the parties of their right
to submit briefs supporting or opposing the ALJ's recommended decision.
Neither the Complainant nor the Respondent responded to the Board's notice. We
therefore deem settlement unopposed under the terms of the R. D. & O.
The Board's
authority over settlement agreements is limited to the statutes that are within
the Board's jurisdiction as defined by the applicable statute. Therefore,
we APPROVE the terms of the agreement pertaining to the Complainant's
STAA claim,and DISMISS the complaint with
prejudice.
SO ORDERED.
WAYNE C. BEYER
Administrative Appeals Judge
M. CYNTHIA
DOUGLASS
Chief Administrative Appeals Judge