Before:ROBERT L. HILLYARD
Administrative Law Judge
ORDER APPROVING SETTLEMENT AND DISMISSAL OF COMPLAINT
This action arises under the employee protection provisions of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. § 2305, and the implementing
regulations of the Secretary of Labor published at 29 C.F.R. Part 1978, on a complaint filed by
Jeffery Hill.
After investigation of the complaint, Richard S. Terrill, Acting Regional
Administrator, Occupational Safety and Health Administration, U.S. Department of Labor,
issued the Secretary's Findings and Preliminary Order in which he found that the complaint
lacked merit and determined that there was no reasonable cause to believe the discharge of the
Complainant constituted a violation of § 405 of the STAA. The Complainant appealed the
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findings. The case was transferred to the Office of Administrative Law Judges for hearing. On
April 30, 1997, a Notice of Hearing and Pre-Hearing Order was issued scheduling a hearing on
September 9, 1997 in Anchorage, Alaska. The hearing was continued at the request of the
parties. The hearing was rescheduled for May 19, 1997 in Anchorage, Alaska.
On May 13, 1998, the parties signed a Settlement Agreement, a
copy of which is attached hereto and made a part hereof. The Agreement provides for payment
of $2,400.00 to Jeffery Hill, the Complainant, by PACSERV Corporation, the Respondent, when
the case is dismissed by court order. The Agreement also provides for dismissal of the case with
prejudice. Each party is to bear its own costs and attorney's fees. After review of the proposed
Settlement Agreement, I find that the Agreement is fair and reasonable and will be
approved.
ORDER
It is, therefore,
ORDERED that the Settlement Agreement dated May
13, 1998 is hereby approved, and,
ORDERED that the complaint of Jeffery Hill is hereby
DISMISSED WITH PREJUDICE.