1Since the Assistant Secretary for
Occupational Safety and Health (OSHA) prosecuted this case, this case should have been
captioned: Assistant Secretary of Labor for Occupational Safety and Health, Prosecuting Party,
and Terry Thompson, Jr., Complainant, v. G & W Transportation Co., Inc., Respondent.
See 29 C.F.R. § 1978.108(a) (1989).
2The ALJ recommended that the
case be dismissed "with prejudice" although neither the settlement agreement nor
any other document in the record no provides. Where a case is dismissed because of a settlement,
dismissal "with prejudice" has been held inappropriate unless agreed to by the
parties. SeeThompson v. United States Department of Labor, 885 F.2d 551
(9th Cir. 1989). The Thompson court urged caution when administrative agencies
dismiss cases to avoid "add[ing] a material condition to the parties' agreement . . . ."
885 F.2d at 557.