Office of Administrative Law Judges 2600 Mt. Ephraim Avenue
Camden, NJ 08104
(856) 757-5312 856-757-5403 (FAX)
Dated: May 18, 2000
Case Nos.: 2000-STA-00013
In the Matter of
ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,
Prosecuting Party
and
STEWARD SHELLEY Complainant
v.
SYSCO FOODS OF PHILADELPHIA,
Respondent
FINAL ORDER APPROVING SETTLEMENT and DISMISSING THE COMPLAINT
This proceeding arises under the "whistleblower" employee protection
provisions of Section 405 of the Surface Transportation Assistance Act of 1982, as amended, 49 U.S.C
§ 31105 (formerly 49 U.S.C. § 2305), and its implementing regulations, 29 C.F.R. Part 1978.
The complaint alleges that on October 16, 1998 Respondent unlawfully suspended Complainant from
its employment for his refusal to operate a vehicle when such operation would constitute a violation of
a federal regulation applicable to commercial motor vehicle safety.
By letter dated April 14, 2000, counsel for the Prosecuting Party forwarded a
Stipulation of Settlement executed by the parties which is attached hereto. The Stipulation of Settlement
provides, inter alia, that Respondent shall expunge the personnel records of Complainant of
reference to the suspension and shall not consider the suspension in any future disciplinary action. I find
that the parties' settlement is reasonable, adequate and fair.
[Page 2]
The Stipulation of Settlement also requires the Prosecuting Party to file an Order
of Dismissal with Prejudice within 10 days of the execution of the Stipulation of Settlement. Although
on several occasions a member of my staff made telephonic requests to counsel for the Prosecuting Party
for the submission of such an order, counsel has failed to do so. However, the other parties are entitled
to an order based on the terms of their settlement of this matter. Consequently, I shall dismiss the
complaint.
Accordingly, it is ORDERED that the parties' settlement is approved and that the
complaint is dismissed with prejudice.
