U.S. Department of Labor Office of Administrative Law Judges
7 Parkway Center
875 Greentree Road, Room 290
Pittsburgh, PA 15220
(412) 644-5754
DATE: January 28, 1998
ALJ CASE NO.: 96-STA-5
ARB CASE NO.: 97-103
In the Matter of
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
Prosecuting Party
and
KENNETH BURKE,
Complainant
v.
C.A. EXPRESS, INC.,
Respondent
DECISION AND ORDER APPROVING SETTLEMENT
The parties have agreed to a settlement for Claimant's entitlement to back
pay in this case arising under the employee protection provision of the Surface Transportation
Assistance Act of 1982 (STAA), 49 U.S.C. § 31105.
I issued a Recommended Decision and Order on May 20, 1997. The
findings of fact and conclusions of law contained therein were adopted by the Administrative
Review Board on September 17, 1997. The Board disagreed with the determination of back pay
and remanded the matter for revision of the amount. The parties were then ordered to submit
evidence of earnings. On January 2, 1998, a detailed signed settlement agreement was submitted
for review and approval.
I conclude that the settlement is fair and in the best interests of the
claimant. Moreover, I find that the settlement was arrived at without duress, only after full
exploration by the parties of all the issues in dispute and the legal and factual questions involved.
I find that the settlement is fair, reasonable and adequate.
ORDER
IT IS HEREBY ORDERED that the settlement, attached hereto and
incorporated herein, be, and is hereby APPROVED.
