1 On April 17, 1996, the
Secretary of Labor delegated authority to issue final agency decisions under, inter alia,
the Surface Transportation Assistance Act and the implementing regulations, 29 C.F.R. Part 1978, 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 ARB now issues final agency decisions. 61 Fed. Reg.
19982.
2 On January 21,
1997, a copy of a letter from the attorney representing the Secretary of Labor in the appeal before the
Second Circuit court to the Staff Counsel for that court was submitted to this Board. Letter from John
Shortall to Stanley A. Bass, Staff Counsel, dated Jan. 21, 1997. That letter provided clarification of
certain statements that were made in the Respondent's Motion to Withdraw Orders regarding
proceedings before the Second Circuit court. Id.
3 As set forth in our
Order to Show Cause, as a threshold matter the following conditions must be met before this Board
will reach the merits of a motion for withdrawal of judgment: 1)The Board must have jurisdiction of
the case, see U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 115 S.Ct. 386,
393, 1993 U.S. LEXIS 7982, *21 (1994) (discussing motions for vacation of judgment under
Fed.R.Civ.P. 60(b)); Nestle Co. v. Chester's Market, Inc., 756 F.2d 280, 281 (2d Cir.
1985); Agee v. Paramount Communications, Inc., 932 F.Supp. 85, 87 (S.D.N.Y. 1996),
and cases cited therein; 2)The parties must submit a settlement agreement that meets the criteria for
approval by this Board, as required by Section 29 C.F.R. § 1978.111(d)(2), see generally
Davis v. Kimstock, Inc., Case No. 90-STA-08, Sec. Order, Nov. 30, 1990, slip op. at 1-2
(approving terms of settlement agreement as fair, adequate and reasonable and dismissing complaint),
and which would be binding on the parties if the motion to vacate the decisions issued in this case by
the Secretary and this Board were granted. See Fed.R.Civ.P. 60(b);29 C.F.R.
§§ 18.1, 1978.106(a)(1996).