US. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: July 5, 1988
CASE NO. 88-STA-3
IN THE MATTER OF
RICHARD MACDONALD,
COMPLAINANT,
v.
DRIVER SERVICES, INC. AND ZAYRE CORPORATION,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT
Pursuant to my order of May 27, 1988, the Assistant Secretary for
occupational Safety and Health has indicated his agreement to the terms of the settlement entered
into by Complainant and Respondents. See Memorandum for Culbreth from
Pendergrass, June 21, 1988 (copy attached).
The general release signed by Complainant, and which constitutes the
settlement agreement between the parties, encompasses matters arising under various laws, only
one of which is the Surface Transportation Assistance Act (STAA), 49 U.S.C. app. § 2305
(1982), under which this case arises. My authority over settlement agreements is limited to such
statutes as are within my jurisdiction and is defined by the applicable statute. See
Poulos v. Ambassador Fuel Oil Inc., Case No. 86-CAA-1, Secretary's order issued
November 2, 1987; Aurich v. Consolidated Edison of New York, Inc., Case No. CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987; Chase v. Buncombe
County, N.C., Case No. 85-SWD-4, Secretary's Decision and Order on Remand, issued
November 3, 1986. Accordingly, I approve the terms of the settlement to the extent that they
relate to matters within scope of the STAA.
Therefore, the complaint in this case is DISMISSED WITH
PREJUDICE.
