Marziale v. Campora Propane Service, Inc., 2000-STA-3 (ALJ Aug. 21, 2000)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

DATE: August 21, 2000

CASE NUMBER 2000-STA-3

In the Matter of

TY A. MARZIALE,
    COMPLAINANT,

    v.

CAMPORA PROPANE SERVICE, INC.,
    RESPONDENT.

   This proceeding arises under the provisions of Section 405 of the Surface Transportation Assistance Act, 49 U.S.C. §31105 (hereinafter referred to as "the Act" or "the STAA"). On August 21, 2000 the parties entered into a proposed settlement agreement that, if approved by the undersigned administrative law judge, would resolve all disputed issues and allow for the dismissal of this matter with prejudice.

   As required by the relevant regulations and statutory provisions, I have carefully reviewed the entire agreement to determine if it should be approved. After doing so, I have concluded that the terms of the agreement are, in fact, fair, adequate, and reasonable and that the agreement should therefore be approved.¹

   Accordingly,

1. The proposed settlement agreement, including the amounts allocated for attorney's fees and costs, is hereby approved.

   2. The above-captioned complaint is hereby dismissed with prejudice.

3. The settlement agreement shall be given such restricted handling as may be necessary to comply with the provisions of 29 C.F.R. §70.26.

       Paul A. Mapes
       Administrative Law Judge

¹In this regard, it is noted that although most administrative law judge decisions under the STAA do not become final until reviewed and approved by the Administrative Review Board (ARB), administrative law judge decisions approving proposed settlement agreements become final without such review or approval. Pettit v. Des Moines Asphalt & Paving Co., 96-STA-3 (ARB Dec. 30, 1996); Perrine v. Packard Elec., Inc., 93-STA-34 (Sec'y March 17, 1994); Cappelluci v. Whaleco Oil Co., 94- STA-15 (Sec'y July 19, 1994); Swisher v. Gerber Childrenswear, Inc., 93-STA-1 (Sec'y Jan. 4, 1993); Arledge v. Scottserve, Inc., 92-STA-25 (Sec'y June 16, 1993).