Ass't Sec'y & Jones v. CAMAS Colorado, Inc., 2000-STA-1 (ALJ Nov. 26, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

DATE: November 26, 1999
Case No: 2000-STA-1

In the Matter of

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
   Prosecuting Party,

   and

FRED JONES,
   Complainant,

   v.

CAMAS COLORADO, Inc.,
   Respondent

   This proceeding arises under the Surface Transportation Assistance Act of 1982 [49 U.S.C. §§ 2305 and 31105] and the regulations promulgated thereunder [29 C.F.R. Part 1978]. The parties, on November 22, 1999, entered appearances at the formal hearing and submitted a settlement agreement and release in accordance with 29 C.F.R. § 1978.111(d)(2). This settlement agreement resolves the parties' controversy arising from the October 5, 1999 complaint of the Regional Administrator, Occupational Safety and Health Administration, U.S. Department of Labor, under the pertinent statute. The settlement agreement is signed by the complainant, counsel for the prosecuting party, Edward Falkowski, and counsel for the respondent, James J. Gonzales.

   After carefully considering the settlement agreement and release, a copy of which is attached and incorporated herein by reference, I find it to be fair, adequate and reasonable. I believe it is in the best interests of the parties to adopt the settlement agreement and release as the basis for disposing of this case administratively. Therefore, IT IS HEREBY ORDERED that the settlement is approved and this case is dismissed with prejudice.

      DONALD W. MOSSER
      Administrative Law Judge