DATE: April 1, 1992
CASE NO.: 91-SDW-1

IN THE MATTER OF

JACK H. SCOTT
    COMPLAINANT,

    v.

YEARGIN, INC.

    AND

WILLAMETTE INDUSTRIES,
    RESPONDENTS.

   I have before Me a copy of an Agreement for Voluntary Dismissal and Release executed by the parties regarding Scott v. Yeargin, Inc., et al, Case No. 91-SDW-1 and Jack H. Scott v. Wayne Mauldin, et al, Case No. 91-SDW-2 as well as the original, executed Consent Order of Dismissal for both said cases. These documents are attached hereto and marked Exhibit A.

   I no longer have jurisdiction of Jack H. Scott v. Wayne Mauldin, et al, Case No. 91-SDW-2. On June 7, 1991, I issued a Recommended Order of Dismissal for said case, the Complainant appealed and by order of July 2, 1991, the Secretary of Labor established a briefing schedule.

   In reviewing Exhibit A, attached herewith, I find that the parties have agreed that the matters in controversy at 91-SDW-1 and 91-SDW-2 have been fully conciliated and that both actions should be dismissed with prejudice.

   Having read the settlement agreement and being otherwise fully informed, I recommend to the Secretary of Labor that this case as well as the case at 91-SDW-2, now on appeal, be dismissed with prejudice. To that end, I hereby cancel the trial now set for April 7-10, 1992 in Charleston, South Carolina. Since my role is one of recommendation only, I defer to the Secretary of Labor the signing of the Consent Order of Dismissal for cases.

       MICHAEL P. LESNIAK
       Administrative Law Judge

   This Agreement and Release is made and entered into by and between Jack H. Scott, Willamette Industries, Yeargin, Inc., Wayne Mauldin, and W.M.I., Inc. Crane Service, regarding the following administrative actions pending before the United States Department of Labor, Office of Administrative Law Judges. Jack H. Scott v. Yeargin Inc. and Willamette Industries, Case No. 91-SDW-1; and Jack H. Scott v. Wayne Mauldin and W.M.I. Inc. Crane Service, Case No. 91-SDW-2.

   The actions are dismissed with prejudice to all parties. Each party takes nothing by that party's action and each party shall pay their own costs and attorneys' fees.

   The Complainant, Jack H. Scott, agrees to dismiss these actions with prejudice and agrees not to pursue any other cause of action, civil or otherwise, against the Respondents, Willamette Industries, Yeargin, Inc., Wayne Mauldin and W.M.I. Inc. Crane Service (including all of their predecessors, successors, heirs, assigns and each and every present or former affiliate, joint venturer, division, subsidiary, agent, director, employee, officer, parent company, owner and shareholder) that may arise out of these actions or the facts that gave rise to these actions, or arising out of any relationship, employment or otherwise, that Complainant may have or may have had with any of the Respondents.

   The Respondents, Willamette Industries, Yeargin, Inc., Wayne Mauldin, W.M.I. Inc. Crane Service agree not to file any lawsuits against Complainant or his attorneys and agents for any cause of action they may have against the Complainant or his attorneys and agents that arose as a result of these actions or the facts that gave rise to these actions. This includes, but is not limited to, any action for legal fees and other costs and expenses associated with this case.

   This Agreement shall not be deemed in any manner as an admission that Respondents, their agents or employees, acted contrary to the law or violated the rights of Complainant or any other person at any time, and Complainant understands and acknowledges that Respondents deny any and all liability to

   Complainant on the basis of any claims, asserted or unasserted, in the above-referenced actions. Complainant agrees that he will not intentionally or knowingly seek employment, re-employment, reinstatement or independent contractor status with any of the Respondents.

   Complainant agrees that he will not intentionally or knowingly obtain employment, including self-employment, on property owned by Willamette Industries and that he will not otherwise intentionally or knowingly work on or enter property owned by Willamette Industries.

   Complainant and Respondents affirm that the only consideration for their agreement to execute, and their execution of the Agreement, are the terms specifically contained in the Agreement and that there are no promises or other agreements of any kind which have caused them to execute this Agreement.

   The undersigned state that they have carefully read this entire Agreement and know and fully understand its contents and that they execute the same as their free act and deed.

   In witness whereof, the parties set their hands and seals this 9th day of March, 1992.

    By:
       Jack H. Scott

    By:
       Yeargin, Inc.

    By:
       Willamette Industries, Inc.

    By:
       Wayne Mauldin

    By:
       W.M.I., Inc. Crane Service

   COME NOW, the above-named parties and submit this Consent Order of Dismissal. In support of this consent order, the parties show as follows:

   That the parties have agreed to settle this matter and;

   That for good and valuable consideration, Complainant Jack H. Scott has agreed to seek a voluntary dismissal of this action with prejudice; and

   That all parties consent to such dismissal.

   Accordingly, this action is hereby dismissed with prejudice. All pending motions are deemed moot.

   IT IS SO ORDERED, this day of 1992.

       Secretary of Labor

Consented To:

Robert M. Turkewitz

Vance Bettis

   Come Now, the above-named parties, and Wayne Mauldin and W.M.I. Inc. Crane Service, and submit this Consent Order of dismissal. In support of this Consent Order, the parties and Wayne Mauldin and W.M.I. Inc. Crane Service show as follows:

   That the parties, and Wayne Mauldin and W.M.I. Inc. Crane Service have agreed to settle this matter; and

   That for good and valuable consideration, Complainant Jack H. Scott has agreed to seek a voluntary dismissal of this action with prejudice; and

   That all parties, and Wayne Mauldin and W.M.I. Inc. Crane Service consent to such dismissal.

   Accordingly, this action is hereby dismissed with prejudice. All pending motions are deemed moot.

IT IS SO ORDERED, this day of 1992.

       Judge Michael P. Lesniak
       Administrative Law Judge
       United States Department of Labor

Consented To:

Robert M. Turkewitz

J.Raymond Trapnell

Joseph M. Freeman

Michael S. Thwaites

Vance Bettis