Ass't Sec'y & King v. CBS Redi-Mix, Inc., 96-STA-22 (ARB Oct. 16, 1996)

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Ass't Sec'y & King v. CBS Redi-Mix, Inc., 96-STA-22 (ARB Oct. 16, 1996)

U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB CASE NO. 97-006
(ALJ CASE NO. 96-STA-22)
DATE: October 16, 1996

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,

and

BOBBY LEE KING,
COMPLAINANT,

CBS REDI-MIX, INC.,
RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

NOTICE OF CASE CLOSING

. This case, which arises under Section 405, the employee protection

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provision, of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.A. § 31105 (1994), was forwarded to the Administrative Review Board (Board) by the Administrative Law Judge (ALJ) pursuant to 29 C.F.R. § 1978.109(a). The ALJ issued a Recommended Decision and Order (R. D. & O.) on September 30, 1996, which recommended approval of a settlement agreement. Pursuant to 29 C.F.R. § 1978.111(d)(2), the case may be settled if the participating parties agree to a settlement and such settlement is approved by the Secretary of Labor or the ALJ. Accordingly, the settlement is APPROVED and this case is CLOSED.

SO ORDERED.

DAVID A O'BRIEN

Chair

KARL J. SANDSTROM

Member

JOYCE D. MILLER

Alternate

[ENDNOTES]

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute and the implementing regulations (29 C.F.R. Part 1978) to the newly created Administrative Review Board. Secretary's Order 2-96 (Apr. 17, 1996), Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive orders, and regulations under which the Administrative Review Board now issues final agency decisions.