DATE: JULY 2, 1997
CASE NO. 96-STA-32

In the Matter of

CLAYTON WILLIS,
    Complainant,

    V.

WEYERHAEUSER WOODINVILLE RECYCLING CENTER,
    Respondent.

William B. Knowles, Esq.
Labor Temple Building
2800 First Avenue, Room 105
Seattle, WA 98121
    For the Complainant

Dean E. Peterson, Esq.
Weyerhaeuser Corporation
Law Department, CH2J28
Tacoma, WA 98477
    For the Employer

Before: Henry B. Lasky
    Administrative Law Judge

   The above captioned matter arises under the Surface Transportation Assistance Act of 1982, 49 USC §2301, et seq., 29 CFR §§1978.106-1978.109. The matter was previously scheduled for hearing on March 10, 1997 in Seattle, Washington and thereafter was continued and rescheduled for May 5, 1997. By letter of April 29, 1997 the parties advised the undersigned that the

matter was resolved. On May 28, 1997 the parties forwarded to the undersigned a proposed settlement agreement signed by the parties on April 29, 1997.

   As required by the relevant regulations and statutory provisions, I have reviewed the agreement to determine if its terms are fair, adequate and reasonable. It is noted that in negotiating the terms of the agreement all parties were represented by attorneys who apparently were fully aware of the relevant facts and legal principles. In reviewing the proposed settlement and considering the investigation by the acting regional administrator of the U.S. Department of Labor, it appears that the terms of the settlement agreement are fair, adequate, and reasonable.

   However on June 11, 1997 the undersigned issued an Order disapproving the settlement without prejudice because the parties did not provide any settlement documentation for any other alleged claims arising from the same factual circumstances forming the basis of the federal claim, or certified that no other such settlement agreements were entered into between the parties as required by Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Final Order Approving Settlement and Dismissing Complaint, December 3, 1996, Slip op. at 3. See also Bricker v. Bechtel Hanford, Inc., ARB Case No. 97-101, Final Order Approving Settlement and Dismissing Complaint, June 4, 1997, Slip op. at 3. However the parties were afforded the opportunity to submit within 15 days either settlement documentation for any other alleged claim arising from the same factual circumstances forming the basis of the federal claim herein, or a certification that no other such settlement agreements were entered into between the parties. On July 1, 1997 the parties filed a Certificate of Sole Settlement signed by Counsel for Complainant and Counsel for Respondent which in effect certifies that there was only one settlement between the Respondent and the Complainant and it has been fully disclosed to the Department of Labor.

   On the basis of the foregoing, the settlement between the Complainant, Clayton Willis, and the Respondent, Weyerhaeuser Woodinville Recycling Center, is approved and the matter is dismissed with prejudice.

      HENRY B. LASKY
      Administrative Law Judge

Dated:
San Francisco, California

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