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DATE ISSUED: October 17, 2000
CASE NO.: 2000-STA-45
In the Matter of
ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH
Prosecuting Party
and
GAL AVIGAL
Complainant
v.
FAIRBANKS ANCHORAGE EXPRESS
Respondent
DECISION AND ORDER APPROVING SETTLEMENT
AGREEMENT
The parties have entered into a Settlement Agreement, copy of which is
attached hereto and approved;
It is hereby ORDERED that the Agreement entered into between the
parties is adopted as the final Decision and Order of the undersigned and all parties are
ORDERED to strictly comply with the terms contained therein. Upon compliance with the
Agreement, this claim shall stand dismissed.
SO ORDERED this 17th day of October, 2000, at Metairie, Louisiana.
C.
RICHARD AVERY
Administrative Law Judge
CRA:kw
1 Rochelle Kleinberg
Associate Regional Solicitor
2 Matthew L. Vadnal, Attorney
Office of the Solicitor
3 U.S. Department of Labor
1111 Third Avenue, Suite 945
4 Seattle, Washington 98101
(206) 553-0940
5
6 UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
7
ASSISTANT SECRETARY OF LABOR FOR )
8 OCCUPATIONAL SAFETY & HEALTH, )
)
9 Prosecuting Party ) Case No.
)
10 and )
) 2000 - STA - 45
11 GAL AVIGAL )
Complainant, )
12 VS. )
)
13 FAIRBANKS ANCHORAGE EXPRESS, INC. )
)
14 Respondent. )
__________________________________________
15
16 SETTLEMENT AGREEMENT
17
18 COME NOW the Secretary of Labor, (the Prosecuting Party
19 herein), the Complainant, and the Respondent, by and through
20 their undersigned representatives of record, and in settlement of
21 this proceeding arising under §405 of the Surface Transportation
22 Assistance Act of 1982, 49 U.S.C. App §2305 (1982) (hereinafter
23 referred to as the "STAA"), and the regulations at 29 C.F.R.
Part
24 1978, do move, represent, and agree as follows:
25 1. The Respondent agrees to future compliance with the Act.
26 The Respondent shall not, contrary to §31105 of the STAA,
27 discharge, demote or in any manner discriminate against any
28 employee because said employee has filed a complaint or
SETTLEMENT AGREEMENT Page - 1
1 instituted or cause to be instituted any proceeding under or
2 related to the STAA or has testified or is about to testify in
3 any such proceeding or because of the exercise by such employee
4 on behalf of himself or others of any right afforded by the STAA.
5 2. The Respondent agrees to pay Mr. Avigal, $4,500.00 (less
6 applicable employee withholdings). The Prosecuting Party and the
7 Complainant agree to accept this sum as all back wages or other
8 monetary compensation due Mr. Avigal for alleged violations of
9 the STAA by the Respondent on or about November 19, 1999. The
10 Respondent agrees to pay this sum within 30 days of the date of
11 the Order accepting this agreement is entered by the Office of
12 Administrative Law Judges.
13 3. The Respondent agrees to expunge any adverse information
14 from the Complainant's personnel record.
15 4. The Respondent agrees that upon receiving inquiries from
16 future prospective employers, it will provide a neutral reference
17 limited to the Mr. Avigal's dates of employment, his position of
18 employment and his rate(s) of pay.
19 5. Respondent agrees to post a fully signed copy of this
20 Settlement Agreement in a conspicuous place in its facility
21 including all places where notices to employees are customarily
22 posted for 60 days.
23 6. The Respondent shall also post a copy of OSHA Fact Sheet
24 No. 93-30 and poster in a conspicuous place in its facility
25 including all places where notices to employees are customarily
26 posted.
27 7. The Respondent's entry to this Settlement Agreement
28 shall not constitute an admission of any violation of the STAR or
SETTLEMENT AGREEMENT Page - 2
1 its implementing regulations and shall not be admissible as a
2 violation of the STAA in any other proceedings except in
3 proceedings brought directly by the Secretary under the STAR to
4 enforce the terms of this Settlement Agreement.
5 8. The Secretary deems the above to be a fair and equitable
6 settlement of all the matters at issue.
7 9. The parties agree upon the Respondent's payment of
8 $4,500.00 to the Complainant, the complaint filed by Gal Avigal
9 in this matter, along with the Secretary's findings and order
10 dated May 11, 2000, can be dismissed, with prejudice.
11 10. The parties further agree that the foregoing Settlement
12 Agreement addresses and resolves all the issues presently in
13 controversy between the parties and that an appropriate order may
14 be entered. The Office of Administrative Law Judges retains
15 jurisdiction to enforce the terms of this Agreement.
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SETTLEMENT AGREEMENT Page - 3
1 11. Each party agrees to bear its own costs including but
2 not limited to attorneys' fees.
3
Henry L. Solano
4 Solicitor of Labor
5 Daniel W. Teehan
Regional Solicitor
6 Clarence J. Mitchell
Rochelle Kleinberg Vice President
7 Associate Regional Solicitor
8 Matthew L. Vadnal Dated: 8-31-00
Attorney
9
10 By
Matthew L. Vadnal By
11 James J. Hanlon
U.S. DEPARTMENT OF LABOR Attorney for Respondent
12
Dated: 9/28/00 Dated: 8/30/00
13
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15 Gal Avigal
Complainant
16
17 Dated: 10-6-00
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SETTLEMENT AGREEMENT Page - 4
