Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Issue Date: 16 April 2004 CASE NO: 2004STA21
In the Matter of:
ANTHONY BLANKENSHIP,
Complainant,
v.
MASTEC NORTH AMERICA, INC.
Respondent.
RECOMMENDED ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case involves a claim under the Surface Transportation Assistance Act of 1982, (49 U.S.C. §2301 et seq.)(STAA), §31105, which was investigated by the Occupational Safety and Health Administration (OSHA) and referred on January 15, 2004, by OSHA at Complainant's timely request of even date to the Office of Administrative Law Judges, and assigned to the undersigned for de novo hearing pursuant to the implementing regulations at 29 CFR Part 1978. After a hearing was scheduled, the parties negotiated and have executed a Settlement Agreement and General Release ("Agreement"), which purports to resolve all issues pending before this tribunal, and which has been submitted on April 13, 2004, to this tribunal for approval, and, following approval, dismissal of the complaint with prejudice. This tribunal must determine whether the terms of the Agreement as submitted represent a fair, adequate, and reasonable settlement of the complaint. 29 CFR §1978.111(d)(2).
Examination of the Agreement establishes that the terms of the Agreement constitute a fair, equitable, adequate, and reasonable settlement of the complaint. The Agreement incorporates a comprehensive and unrestricted release of the parties, each to the other, of all claims deriving from acts or omissions which occurred prior to the effective date of the Settlement. The confidentiality provision, and constraints against the Complainant, are consistent with public policy. The Agreement provides that it is intended to be the entire agreement between the parties, and that its terms are severable in the event that any court finds a provision to be invalid. The provision for an attorney's fee for Claimant's attorney out of the settlement proceeds is deemed fair and reasonable. Wherefore, it is
ORDERED that the Agreement executed by the parties as of April 6, 2004, be approved, its terms be effectuated, and the case be dismissed with prejudice.
