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LeBlanc v. Fogleman Truck Lines, Inc., 89-STA-8 (Sec'y July 26, 1990)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

DATE: July 26, 1990
CASE NO. 89-STA-8

IN THE MATTER OF

STEVEN LEBLANC,
   COMPLAINANT,

v.

FOGLEMAN TRUCK LINES, INC.,
   RESPONDENT.

BEFORE:    THE SECRETARY OF LABOR

ORDER APPROVING SETTLEMENT

   Before me for review is the Recommended Order Approving Settlement (R.O.) issued May 10, 1990, by Administrative Law Judge (ALJ) Richard D. Mills in the captioned case, which arises under the employee protection provision of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1982).

   In a Decision and Order of Remand issued December 20, 1989, I found that Complainant had been discharged in violation of STAA section 2305, and I remanded the case to the ALJ for a determination as to relief appropriately due Complainant. In March and April, 1990, Complainant, his counsel, and counsel for the Respondent entered into stipulations which resolved all issues of relief pending before the ALJ. The ALJ then recommended that the stipulated settlement be approved.1

   The terms set forth in the stipulations have been reviewed. I conclude that the settlement entered into by the parties is fair, adequate and reasonable, and I approve it. 29 C.F.R. § 1978.111(d)(2) (1989). Accordingly, my December 20, 1989, Decision and Order of Remand is amended to order the relief to which the parties have stipulated. This order together with the December 20 merits decision represents the final administrative disposition in this case.

SO ORDERED.

         Elizabeth Dole
         Secretary of Labor

Washington, D.C.

[ENDNOTES]

1A copy of the ALJ's R.O., along with its Exhibit A, the parties' "Stipulations," is appended hereto.



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