DATE: December 27, 1996

CASE NO. 96-STA-29

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
    Prosecuting Attorney

    and

JOHN L. WILLIAMS
    Complainant

    v.

DAYTON CONTAINERIZED FREIGHT, INC.
    Respondent

    This proceeding arises under Section 31105 of the Surface Transportation Assistance Act (STAA) of 1982 (49 U.S.C. § 31101) and the regulations promulgated thereunder [29 C.F.R. Part 1978 (1989)]. The parties, on December 16, 1996, filed a Settlement Agreement and Release in accordance with 29 C.F.R. § 1978.111(d)(2). The settlement agreement resolves the parties' controversy arising from the complaint of John L. Williams under the pertinent statute. The Settlement Agreement and Release is signed by the complainant, counsel for the prosecuting party, and respondent's counsel. Copies of the Settlement Agreement and Release are attached only to the copies of this Order to be served on the parties.

    Under the STAA and implementing regulations, a proceeding may be terminated on the basis of a settlement provided either the Secretary or the Administrative Law Judge approves the agreement. (49 U.S.C. app. § 2305(c)(2)(A); 29 C.F.R. § 1978.111(d)(2). The agreement must be reviewed to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. Macktal v. Secretary of Labor, 923 F.2d 1150 (5th Cir. 1991); Thompson v. U.S. Department of Labor, 885 F.2d 551 (9th Cir. 1989); Fuchko and Yunker v. Georgia Power Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec'y Ord. Mar. 23, 1989, slip op. at 1-2.

    The agreement contains a paragraph noting that the ". . . settlement is confidential" . . . and that the complainant is not to disclose the amount of money he received. I note that the Freedom of Information Act (FOIA)

"requires agencies to disclose requested documents unless they are exempt from disclosure . . .." Plumlee v. Alyeska Pipeline Service Co., Case Nos. 92-TSC-7; 92-WPC-6, Sec'y Final Order Approving Settlements and Dismissing Cases With Prejudice, Aug. 6, 1993, slip op. at 6. Ratliff v. Airco Gases, Case No. 93-STA-5, Sec'y Final Order Approving Settle- ment and Dismissing Complaint With Prejudice, Jun. 25, 1993, slip op. at 2. This case file remains an agency record which must be made available for public inspection and copying under FOIA. Department of Labor regulations provide specific guidelines for responding to FOIA requests, for appeals by requesters from denials of requests, and for protecting the interest of submitters of confidential commercial information. 29 C.F.R. Part 70 (1993). These regulations must be strictly followed regardless of any disclaimer in the settlement agreement executed by the parties.

    The Settlement Agreement may encompass the settlement of matters other than those enumerated under the STAA. (See II. C.) The Secretary's authority over settlements is limited to those statutes over which the Secretary has jurisdiction including the STAA. Therefore, my review of the settlement agreement is limited to a determination as to whether it constitutes a reasonable settlement of the complainant's allegation that the respondent violated the STAA.

    As so construed, I find the terms of the agreement to be fair, adequate and reasonable, and therefore approve the agreement and release. Accordingly, the complaint filed by John L. Williams is hereby dismissed with prejudice.

    The hearing scheduled for March 17, 1997, in Raleigh, North Carolina is hereby cancelled.

      Rudolf L. Jansen
      Administrative Law Judge