U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: April 9, 1990
CASE NO. 89-STA-16
IN THE MATTER OF
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
UNITED STATES DEPARTMENT OF LABOR,
PROSECUTING PARTY,
and
JOSEPH A. BARROQUEIRO, JR.,
COMPLAINANT,
v.
PRESTON TRUCKING COMPANY,
AND ITS SUCCESSORS,
RESPONDENTS.
ORDER APPROVING SETTLEMENT
AND DISMISSING CASE
Before me is the Recommended Decision and Order Approving
Settlement issued January 19, 1990, by Administrative Law Judge (ALJ) Paul H. Teitler 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 his recommended decision, ALJ Teitler orders approval of the
parties' settlement based on his findings that it was reached without duress after full
consideration by the parties and that its terms are fair and equitable. Since, under 29
C.F.R.§ 1978.111(d)(2) (1989), either the ALJ or the Secretary may approve adjudicatory
settlements reached by participating parties in STAA proceedings, there was no need for the ALJ
to issue a recommended decision approving the settlement. However, my independent review of
the parties' Stipulation of Settlement and Complainant's General Release persuades me that the
terms of settlement are fair, adequate and reasonable and that their approval is appropriate.
[Page 2]
Accordingly, the settlement terms are approved and the case is
DISMISSED.
