Date: March 9, 1999

Case No.: 1999-STA-0013

In the Matter of:

STEVEN G. BEVERLY,
    Complainant,

    v.

L.C.L. BULK TRANSPORT, INC.,
    Respondent.

   This case arises under the employee protection provisions of Section 405 of the Surface Transportation Act (STAA) 49 U.S.C.A §31105.

   On March 2, 1999, 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".) The parties have requested that Exhibit A be reviewed only by this administrative law judge and the Secretary of Labor. In addition, Exhibit A is not to be published.

   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). The settlement agreement includes attorneys fees. These are documented and reasonable. See Davis 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, in a sealed envelope, 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

NOTICE: This Decision and Order and the administrative file in this matter will be forwarded for review by the Administrative Review Board, U. S. Department of Labor, Room S- 4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. See 29 C.F.R. §1978.109(a); 61 Fed. Reg. 19978 (1996).