Office of Administrative Law Judges 603 Pilot House Drive, Suite
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Date: February 3, 2000
Case No.: 2000-STA-0005
In the Matter of:
RAYMOND C. WYATT, Complainant,
v.
CAWOOD MANUFACTURING COMPANY, INC., Respondent.
DECISION AND ORDER APPROVING SETTLEMENT and DISMISSING COMPLAINT
This case arises under the employee protection provisions of Section 405
of the Surface Transportation Act (STAA) 49 U.S.C.A §31105.
On January 27, 2000, the parties submitted an executed stipulation of
settlement in final disposition of the case. (The stipulation of settlement is attached hereto and
marked as "Exhibit A".)
I have reviewed the settlement agreement and find it to be fair, adequate
and reasonable pursuant to 29 C.F.R. §1978.111(d)(2). SeeDavis v.
Kimstock, Inc., Case No. 90-STA-8, Secretary Approval and Dismissal of Complaint,
November 30, 1990.
Therefore, it is ORDERED that the Settlement Agreement,
attached hereto and made a part hereof, is approved and this case is hereby
DISMISSED with Prejudice.
SO
ORDERED.
RICHARD K. MALAMPHY
Administrative Law Judge
RKM/ccb
Newport News, Virginia
This Instrument prepared by:
Stanifer & Stanifer, Attorneys at Law
P. O. Box 203,'I'azewell, TN 37879
GENERAL RELEASE
This instrument made and entered into on this 21st day of January, 2000 by
and between CAWOOD REECE d/b/a CAWOOD TVIFG. CO. party of the first part, and RAYMOND C.
WYATT, party of the second part.
That for good and valuable consideration, the undersigned parties acknowledge party of
the first part to be the owner and operator of a manufacturing facility and the party of the second part being a
former employee, who has made allegations about his employment, which is currently in dispute.
That for good and valuable consideration, the undersigned party of the second part does
hereby release said party of the first part for all claims and cause of action the undersigned now has or hereafter
may have on account of his employment and/or discharge from the same most recently occurring.
That as a full and final settlement of this disputed employment claim, party of the first
part will tender to the party of the second part, the sum of Twelve Hundred (,200.00) Dollars, which is paid
this date.
Party of the second part will take the necessary steps to have Case No. 2000-STA-0005
with the U.S. Department of Labor dismissed with full prejudice to the refiling of the same.
Party of the first part would give a favorable recommendation for the party of the second
part ind party of the second part would be eligible for rehire.
The payment of this settlement is not an admission of any liability and is not to be
construed in any form other than compromise and settlement of disputed claim.
By the execution of this Release, parties agree that same hereby brings this matter to a full
and final conclusion.
This 21st day of January, 2000.
PARTY OF THE FIRST PART:
CAWOOD MFG. CO. INC.,
/S/ CAWOOD REECE By: Cawood Reece, President
PARTY OF THE SECOND PART:
/S/ RAYMOND C. WYATT RAYMOND C. WYATT
STATE OF TENNESSEE
COUNTY OF CLAIBORNE
Before me, the undersigned authority, personally appeared Cawood Reece, With whom I
am personally acquainted, and who, upon oath acknowledged himself to be the President of Cawood Mfg. Co.
Inc., the within named bargainor, a corporation, and that he as such President, being authorized so to do,
executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by
himself as President.
Witness my hand and official seal this, 21st day of January 2000.
/S/ KATHY WALKER NOTARY PUBLIC
My Commission Expires:
12-2-2002
STATE OF TENNESSEE
CLAIBORNE COUNTY
Personally appeared before me, the undersigned authority, a Notary Public in and for said county and state, the
within named bargainor, Raymond C. Wyatt, with whom I am personally acquainted or proved to me on the
basis of satisfactory evidence, and who acknowledged that lie executed the with i ti instrument for the purposes
therein contained.
Witness my hand and official seal this 21st day of January, 2000.
