Office of Administrative Law Judges Seven Parkway Center - Room
290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
DATE: NOVEMBER 7, 2000
CASE NO.: 2000-STA-37
In the Matter of:
MIKE DUKE
Complainant
v.
AMT FREIGHT, INC.
Respondent
FINAL ORDER OF DISMISSAL
This proceeding arises under the employee protection provision of the
Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105 (1982), which
prohibits covered employers from discharging or otherwise discriminating against employees
who have engaged in certain protected activities. On October 6, 2000 the parties filed a fully
executed Resignation and Release Agreement. Upon review, I grant their request that I approve
the settlement and dismiss the case with prejudice. 29 C.F.R. § 1978.111(d)(2) (1999).
My approval, however, is subject to the following limitations.
Paragraph 3(A) of the agreement, at page 2, purports to settle this matter
not only under the STAA, but also under an assortment of other laws. My authority over the
agreement is limited to matters arising under the STAA, and thus the scope of my review is
limited to determining whether the terms of this agreement amount to a fair, adequate, and
reasonable settlement of Complainants's allegations that Respondent violated the STAA.
Tankersley v. Triple Crown Services, Inc., 92 STA 8 (Sec'y Feb. 1, 1995). Therefore,
this provision must be interpreted as to bar claims arising only under the STAA.
Paragraph 3(C), page two, requires Complainant to voluntarily dismiss
with prejudice and costs to him his claim before the United States Department of Labor, Case
No: 1171297. I note that this provisions refers to the above-captioned case.
As construed and limited herein, I find the terms of the agreement fair,
adequate, and reasonable. Accordingly, Paragraph 3(C), page two, requires Complainant to
voluntarily dismiss with prejudice and costs to him his claim before the United States
Department of Labor, Case No: 1171297. I note that this provisions refers to the above-
captioned case.
[Page 2]
Paragraph 6 of the agreement provides that the parties shall keep the terms
of the settlement confidential. I note that the parties have attempted to comply with the
applicable case law by specifically providing that the confidentiality provision does not restrict
disclosure where required by law.
As construed and limited herein, I find the terms of the agreement fair,
adequate, and reasonable. Accordingly,
ORDER
IT IS ORDERED that the Resignation and Release is APPROVED.
IT IS FURTHER ORDERED that Complainant's request to dismiss the
claim be, and it is hereby, GRANTED WITH PREJUDICE.
