U.S. Department of Labor Office of Administrative Law Judges
7 Parkway Center
875 Greentree Road, Room 290
Pittsburgh, PA 15220
412 644-5754
DATE: June 29, 1999
CASE NO. 1999-STA-25
In the Matter of
RANDELL G. SPRING
Complainant
v.
W.S. TRANSFER, INC.
Respondent
DECISION AND ORDER APPROVING SETTLEMENT AND DISMISSING COMPLAINT
On March 4, 1999, the Chief Administrative Law Judge received a letter
from Complainant, Randell G. Spring, requesting a hearing before an administrative law judge
on a complaint pursuant to the employee protection provision of the Surface Transportation
Assistance Act, 49 U.S.C. § 31105, and the implementing regulations at 29 C.F.R. Part
1978. The letter referred to a determination Complainant had received from the Occupational
Safety and Health Administration (OSHA) finding that his complaint was invalid.
On April 2, 1999, I was appointed trial judge and I issued a Notice of
Hearing dated April 9, 1999 that trial was to take place May 18, 1999 in Morgantown, West
Virginia. However, on or about May 13, 1999, I issued an Order of Continuance because
Complainant, pro se, was not ready to try his case. At that time, I urged Complainant to retain
counsel.
[Page 2]
On or about May 18, 1999, I conducted a conference call between
Complainant and attorney for the Respondent, Michael P. Duff, Esquire. At that time I was
informed that the parties desired to enter into settlement discussions.
On or about June 15, 1999, I received an executed Mutual Release and a
Joint Motion for Dismissal. I reviewed the Mutual Release which constitutes the parties
settlement agreement, dated June 14, 1999. After reviewing the Mutual Release and/or
settlement agreement, I find that the agreement is fair, adequate and reasonable. Accordingly, it
is hereby ordered as follows:
1. The Mutual Release executed by the parties on June 14, 1999 is approved;
2. Randell G. Spring's complaint against the Respondent, W. S. Transfer, Inc.
is dismissed with prejudice.
