Date: March 18, 1999

Case No.: 1998-STA-0029

In the Matter of:

BILLY DILLANDER,
    Complainant

    v.

TODD AURIT d/b/a T & L
TRANSPORTATION, INC.,
    Respondent

BEFORE: ROBERT L. HILLYARD
    Administrative Law Judge

   This action arises under the employee protection provisions of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2305, and the implementing regulations of the Secretary of Labor published at 29 C.F.R. Part 1978, from a complaint filed by Billy Dillander.

   After investigation of the complaint, Gregory Baxter, Acting Regional Administrator, VIII, Occupational Safety and Health Administration, U.S. Department of Labor, issued Secretary's Findings and Preliminary Order in which he found that the complaint lacked merit and determined that there was no reasonable cause to believe the discharge of the Complainant constituted a violation of Section 405 of the STAA. The Complainant appealed the findings. The case was transferred to the Office of Administrative Law Judges for hearing. On September 11, 1998, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on January 6, 1999, in Denver, Colorado. The hearing was canceled at the request of the parties, pending settlement.

   On March 16, 1999, the parties submitted a Stipulated Motion To Withdraw All Claims And Settlement Agreement. The agreement is attached hereto and

made a part of this Order. The agreement provides for a payment of $518.26 to Billy Dillander, Complainant, by Todd Aurit d/b/a T & L Transportation, Inc., Respondent. Each party is to bear its owns costs and attorney's fees. After review of the proposed Agreement, I find it to be fair and reasonable and it will be approved.

   It is, therefore,

   ORDERED that the Stipulated Motion To Withdraw All Claims And Settlement Agreement is hereby approved and, it is further,

   ORDERED that the complaint of Billy Dillander is hereby DISMISSED WITH PREJUDICE.

       ROBERT L. HILLYARD
       Administrative Law Judge