Office of Administrative Law Judges 525 Vine Street, Suite 900 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 16Feb2001
Case No. 2000-STA-33
In the Matter of:
MICHAEL J. AURELIA,
Complainant
v.
PANTHER II TRANSPORTATION INC.,
SOUTHWIND LAND AIR SEA L.L.C. and
GARY LEWIS,
Respondents
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT
This proceeding arises from a complaint filed by the Complainant on November 2, 1999, under Section 31105 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 31101, et seq.), and its implementing regulations at 29 C.F.R. Part 1978.
On March 16, 2000, the complaint was dismissed by the Secretary. The Complainant filed objections to the Secretary's findings and requested a hearing on April 11, 2000. Thereafter, the parties filed an Unopposed Motion to Approve Settlement and for Dismissal of Proceeding on January 8, 2001.
The parties have submitted a Settlement Agreement and Mutual Release for consideration and approval by the undersigned, attached hereto and made a part hereof. I have reviewed the agreement and I enter the following findings:
1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.
[Page 2]
Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that:
1. The Settlement Agreement be, and it hereby is, APPROVED;
2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.
