Blair v. Lanman Corp., 86-STA-7 (Sec'y Sept. 27, 1988)

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Blair v. Lanman Corp., 86-STA-7 (Sec'y Sept. 27, 1988)

U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

DATE: September 27, 1988
CASE NO. 86-STA-17¹

IN THE MATTER OF

WILLIAM A. BLAIR,
COMPLAINANT,

LANMAN CORPORATION,
RESPONDENT.²

BEFORE: THE SECRETARY OF LABOR

NOTICE OF CLOSING CASE

Submitted to me for review is the Decision and order issued, on June 5, 1986, by Administrative Law Judge (ALJ) Richard E. Huddleston in the above-captioned case, which arises under the employee protection provision of the Surface Transportation Assistance Act of 1982, 49 U.S.C. app § 2305 (1982). The ALJ adopted as the final order in this case the Secretary's Findings and Preliminary Order of September 12, 1985, as amended by the consent findings agreed to by Complainant, Respondent and the Regional Administrator for Occupational Safety and Health (OSHA), who represents the Assistant Secretary for OSHA.

Where the Assistant Secretary for OSHA has signed the settlement agreement or has indicated his approval of the terms of settlement, my review of either the settlement terms or the ALJ's decision adopting such terms is not required. Kidd v. Sharron Motor Lines, Inc., Case No. 87-STA-2, issued July 30, 1987.³ Accordingly, no further action in this case is necessary.

ANN MCLAUGLIN
Secretary of Labor

Washington, D.C.

[ENDNOTES]

¹The ALJ's D. and O. and the consent findings erroneously give the case number as 85-STA-17.

²The ALJ's D. and O. and other documents in the record bear the incorrect caption of Lanman Corporation, Petitioner v. William A. Blair, Respondent.

³Kidd was based on 29 C.F.R. § 1978.1119(d), which became effective on December 22, 1986. The ALJ's decision was issued before that date (although only recently submitted for my review). Were I to apply the pre-Kidd review procedure, see Kidd at 2, I would adopt the ALJ's decision since I find the consent findings to be fair, adequate and reasonable.