U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
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
FINAL ORDER APROVING SETTLEMENT
AND DISMISSING COMPLAINT
  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)
[Page 2]
"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.