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Levi v. Dixie Gold Transportation, 95-STA-5 (ALJ Nov. 21, 1994)


                                       
In the Matter of              
Section 405 of STAA Complaint    
                                       
MICHAEL E. LEVI                                       Date Issued:  November 21, 1994

                   Complainant         
                                                              
                                                                       Case No.:  95-STA-5
DIXIE GOLD TRANSPORTATION        
                                       
                   Respondent 

BEFORE:  LEE J. ROMERO, JR.
         Administrative Law Judge

                 DECISION AND ORDER - APPROVING SETTLEMENT
                        AND WITHDRAWAL OF COMPLAINT

     In the above-captioned matter, which arises under the employee
protection provision of the Surface Transportation Assistance Act
of 1982 (STAA), 49 U.S.C. Section 2305 (1982), the Complainant and
Respondent have reached a Settlement Agreement (a copy of which is
attached hereto and incorporated herein as "Exhibit A").

     I have carefully reviewed this matter, and I find and conclude
that, under the extant circumstances, the settlement was reached
without duress after full consideration by the parties, that its
terms are fair and equitable and in the best interests of all
parties.

     Accordingly, IT IS HEREBY ORDERED that the said Settlement
Agreement be APPROVED, and the Complaint of discrimination and
request for hearing be DISMISSED.  29 C.F.R. Section 1978.111(c)
and (d)(2)(1989).  In view of the foregoing, the hearing in this
matter scheduled for December 9, 1994, is hereby
cancelled.

     ORDERED this 21st day of November, 1994, at Metairie, 
Louisiana.



                                   ________________________________
                                   LEE J. ROMERO, JR.
                                   Administrative Law Judge




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