On July 9, 1986, I issued my Final Decision and Order in the above-captioned case finding that Respondent had violated the employee protection provision of the
Surface Transportation Assistance Act (STAA) 49 U.S.C. app. § 2305 (1982), and
ordering, among other things, that Respondent Elbar reinstate Complainant McGavock and pay
to him back wages. Respondent did not appeal this decision and, on September 8, 1986, the time
period for appeal expired. See 49 U.S.C. § 2305(d); Fed. R. App. P. 26.
By letter of September 9, 1986, Complainant requested that I take action
to enforce my final order. Later that same date, Complainant sent me another letter advising that,
after he had mailed his first letter, he entered into a settlement with Respondent. Subsequently,
under date of September 16, 1986, Respondent's counsel submitted a copy of a Settlement
Agreement and Release of All Claims, which was entered into by the parties and Complainant's
attorney on September 9, 1986 and which was signed by Complainant and his attorney on that
date and by Respondent on September 15, 1986.1 This settlement agreement is now before me for approval.
1Following receipt of the settlement
agreement, I received from Complainant a copy of his letter of October 4, 1986 to his attorney in
which Complainant states that he agreed to settle "at a substantial reduction of what . . .
actual losses were' because his attorney informed him that, if he did not settle, Respondent
'would appeal and delay settlement for up to two years." McGavock to Ronald P.
McClusky, October 4, 1986. A copy of this letter, with enclosures, is herewith made a part of the
record of this case, and, for purposes of service, is attached to this order.