DATE:          November 8, 1995

CASE NO.:      95-STA-27
                            
IN THE MATTER OF            

THEODORE  R.  JACKSON,             
          Complainant,      
  
     v.

CREWE  TRANSFER,  
          Respondent.



  DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT AND
            MOTION TO DISMISS WITH PREJUDICE

     This is a proceeding under the provisions of Section 405 of
the Surface Transportation Assistance Act of 1982  (STAA or the
"ACT") 49 U.S.C. 2305, which provides protection to employees in
the trucking industry from discrimination on account of activity
related to commercial motor vehicle safety.

     On October 30, 1995, the parties filed a pleading styled
"STIPULATED ORDER OF DISMISSAL".  The parties were instructed to
and did forward a copy of the General Release and Settlement
Agreement dated November 3, 1995 for review by this ALJ.  It
contains ten stipulations and a request that the proceeding be
dismissed with prejudice.  The agreement between the parties is
incorporated herein by reference.

     My review of the settlement agreement is limited to a
determination of whether its terms are fair, adequate and
reasonable.  The settlement must adequately protect the
whistleblower.  Furthermore, the settlement must not be contrary
to public interest.  


[PAGE 2]

     First, I note that the parties are represented by counsel. 
In reaching an agreement, Respondent does not admit it has broken
any law or regulation.  Nor is the agreement to be construed as
an admission of liability or wrong doing by Respondent. 
Moreover, Complainant waives his right to sue in the future on
claims or causes of action arising out of facts occurring prior
to the date of the execution of the agreement.  Also, Complainant
agrees that he is not entitled to reinstatement under the
agreement.

     After consideration of the settlement agreement, I find that
none of the terms or conditions are unacceptable.  Moreover, I
find the agreement to be fair, adequate and reasonable, and I
believe it is in the public interest to adopt the agreement as a
basis for the administrative disposition of this case.

     Therefore, I approve the settlement.  Further the motion to
dismiss with prejudice is hereby granted.





                              DANIEL A. SARNO, JR.
                              Administrative Law Judge

DAS/CCB
Newport News, Virginia









NOTICE:  This Decision and Order and the
administrative file will be forwarded for review by the Secretary
of Labor to the Office of Administrative Appeals,  U. S.
Department of Labor, Room S-4309, Frances Perkins Building, 200
Constitution Avenue, N.W., Washington,  DC  20210.  The Office of
Administrative Appeals has the responsibility to advise and
assist the Secretary in the preparation and issuance of final
decisions in employee protection cases and adjudicated under the
regulations at 29 C.F.R. Parts 24 and 1978.  See 55 Fed.
Reg. 13250 (1990).