DATE:  June 28, 1995
CASE NOS. 92-STA-37


IN THE MATTER OF 

EMMETT D. NOLAN,

          COMPLAINANT,

     v.

AC EXPRESS,
          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     ORDER APPROVING SETTLEMENT
                      AND DISMISSING COMPLAINT

     The parties in this case, which arises under Section 405,
the employee protection provision of the Surface Transportation
Assistance Act of 1982 (STAA) 49 U.S.C.A. § 31105 (1994),
reached a settlement agreement.  On April 24, 1995, the
Administrative Law Judge (ALJ) issued a Recommended Order
Approving Settlement and Dismissing Complaint. 

     Either the ALJ or the Secretary has the authority to approve
settlement of a STAA complaint.  29 C.F.R. § 1978.111(d)(2).

The agreement appears to encompass the settlement of matters
under various laws, only one of which is the STAA. See 
¶ 3.  For the reasons set forth in Poulos v. Ambassador
Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Ord., Nov. 2,
1987, slip op. at 2, I have limited my review of the
agreement to determining whether its conditions are a fair,
adequate and reasonable settlement of the Complainant's
allegations the Respondent violated the above enumerated the
STAA.

     Paragraph 3 provides that the agreement will be governed by
the laws of the State of New York.  However, I construe this to
except the authority of the Secretary of Labor andy any Federal
court which shall be governed in all respects by the laws and
regulations of the United States.  See Phillips v. Citizens
Ass'n for Sound Energy, Case No. 91-ERA-25, Final Ord. of
Dismissal, Nov. 4, 1991, slip op. at 2.
  
[PAGE 2]

     Paragraph 4 provides that the parties shall keep the
terms of the Settlement Agreement confidential, but provides that
the agreement is subject to the regulations of the U.S.
Department of Labor and other applicable federal law.  The
Freedom of Information Act (FOIA), 5 U.S.C. § 552 (1988), 
requires Federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.[1]   See Debose
v. Carolina Power and Light Co., Case No. 92-ERA-14, Ord.
Disapproving Settlement and Remanding Case, Feb. 7,
1994, slip op. at 2-3 and cases there cited. 
 
     I find that the terms of the settlement agreement, as
interpreted above, to be a fair, adequate and reasonable
settlement of the complaint.  Accordingly, I accept the ALJ's
recommendation and APPROVE the settlement and DISMISS THE
COMPLAINT WITH PREJUDICE.
  
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.


[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).