Rowe v. Atlantic Coast Contracting, Inc., ARB No. 06-134, ALJ No. 2005-STA-61 (ARB Dec. 15, 2006)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 06-134
ALJ CASE NO. 2005-STA-0061
DATE: December 15, 2006

In the Matter of:

JERONIMO ROWE,
       COMPLAINANT,

   v.

ATLANTIC COAST CONTRACTING, INC.,
       RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

FINAL DECISION AND ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE

   This case arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act (STAA) of 1982.¹ On July 26, 2006, the parties submitted a Settlement Agreement signed by the Complainant, Jeronimo Rowe, and the Respondent, Atlantic Coast Contracting, Inc., to a Department of Labor Administrative Law Judge (ALJ). Under the regulations implementing the STAA, the parties may settle a case at any time after the filing of objections to the Assistant Secretary's preliminary findings "if the participating parties agree to a settlement and such settlement is approved by the Administrative Review Board . . . or the ALJ."² The regulations direct the parties to file a copy of the settlement "with the ALJ or the Administrative Review Board, United States Department of Labor, as the case may be."³

   When the parties reached a settlement the case was pending before the ALJ. Therefore, the ALJ appropriately reviewed the settlement agreement. On July 28, 2006, the ALJ issued a Recommended Decision and Order Approving Settlement and Dismissing Complaint. According to the STAA's implementing regulations, the

---

[Page 2]

Administrative Review Board (ARB or Board) issues the final decision and order in this case.⁴

   The Board issued a Notice of Review and Briefing Schedule apprising the parties of their right to submit briefs supporting or opposing the ALJ's recommended decision.⁵ Neither party filed a brief opposing the settlement with the ARB. We therefore deem the settlement unopposed under the terms of the Recommended Decision and Order Approving Settlement and Dismissing Complaint.

   The Board's authority over settlement agreements is limited to the statutes that are within the Board's jurisdiction as defined by the applicable statute. Furthermore, it is limited to cases over which we have jurisdiction. Therefore, we approve only the terms of the agreement pertaining to the Complainant's STAA claim ARB No. 06-134, 2005-STA-0061.⁶

   Accordingly, we APPROVE the terms of the agreement pertaining to Rowe's STAA claim, and DISMISS the complaint with prejudice.

   SO ORDERED.

         M. CYNTHIA DOUGLASS
         Chief Administrative Appeals Judge

         DAVID G. DYE
         Administrative Appeals Judge

[ENDNOTES]

¹ 49 U.S.C.A. § 31105 (West 2006).

² 29 C.F.R. § 1978.111(d)(2) (2006).

³ Id.

⁴ P>29 C.F.R. § 1978.109(c)(2); Monroe v. Cumberland Transp. Corp., ARB No. 01-101, ALJ No. 00-STA-50 (ARB Sept. 26, 2001); Cook v. Shaffer Trucking Inc., ARB No. 01-051, ALJ No. 00-STA-17 (ARB May 30, 2001).

⁵ 29 C.F.R. § 1978.109(c)(2).

⁶ Fish v. H & R Transfer, ARB No. 01-071, ALJ No. 00-STA-56, slip op. at 2 (ARB Apr. 30, 2003).