DATE: 8-3-92
CASE NO. 91-STA-0007
IN THE MATTER OF
Assistant Secretary of Labor for
Occupational Safety & Health,
Prosecuting Party
and
Larry L. Champlin,
Complainant
v.
Florilli Corp.,
Respondent
ORDER DENYING FEE APPLICATION
On June 13, 1992, the Respondent filed an Application for
Fees and Other Expenses Under the Equal Access to Justice Act, 5
U.S.C. §504.
The ultimate decision of the Secretary of Labor in this
matter was enforcement of the settlement agreement under which
the Respondent paid to the Complainant the sum of $100.00 and the
complaint was withdrawn. Such a settlement agreement does not
put the Respondent in the position of the prevailing party.
Further there is no basis to support the assertion of the
Respondent that the Assistant Secretary for Occupational Safety
and Health had insufficient grounds to make his finding of
probable cause to believe that a violation of the Surface
Transportation Assistance Act had occurred.
The Respondent's Application is denied.
Charles P. Rippey
Administrative Law Judge
Washington, D.C.