Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
Issue Date: 19 November 2003
CASE NO.: 2003-STA -37
In the Matter of
RAYMOND B. SCOTT
Complainant
v.
AIM LEASING DRIVERS COMPANY
d/b/a AIM DEDICATED LOGISTICS
Respondent
DECISION AND ORDER APPROVING SETTLEMENT
AGREEMENT 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)]. On November 7, 2003 the parties filed a Settlement Agreement in accordance with 29 C.F.R. § 1978.111(d)(2). The Agreement resolves the controversy arising from the complaint of Raymond Scott under the statute.
The Act and implementing regulations provide that a proceeding under the Act may be ended prior to entry of a final order by a settlement agreement between the parties. 49 U.S.C. § 31105(b)(2)(C); 29 C.F.R. §1978.111(d)(2). The Administrative Law Judge's role in reviewing the parties' settlement agreement is limited to ascertaining whether the terms of the agreement fairly, adequately and reasonably settle the Complainant's allegations that the Respondent violated the Act. Ass't Sec'y & Zurenda v. Corporate Express Delivery Systems, Inc., ARB No. 00-041, OALJ No. 1999-STA-30 (ARB March 31, 2000) (Zurenda); Champlin v. Florilli Corp., OALJ No. 1991-STA-7 (Sec'y May 20, 1992).
Pursuant to the requirements of the Act and the implementing regulations, I have carefully reviewed the terms of the parties' Settlement Agreement, and I have determined that it constitutes a fair, adequate and reasonable settlement of the complaint.
Accordingly, IT IS HEREBY ORDERED that:
(1) the parties' Settlement Agreement is hereby approved; and
(2) the above-captioned complaint is hereby dismissed with prejudice.
This approval of the Settlement Agreement and dismissal of the complaint constitutes the final order in this matter. Pettit v. Des Moines Asphalt & Paving Co., OALJ No. 1996-STA-3 (ARB December 30, 1996).
