U.S. Department of Labor Office of Administrative Law Judges
Heritage Plaza, Suite 530
111 Veterans Memorial Blvd.
Metairie, LA 70005
(504) 589-6201
Date: DEC 19 1997
Case No.: 97-STA-24
In the Matter of
ASSISTANT SECRETARY OF LABOR FOR OCCUPATIONAL
SAFETY AND HEALTH Prosecuting Party
and
REN D. ELY
Complainant
v.
AIR RIDE, INC.
Respondent
RECOMMENDED ORDER APPROVING SETTLEMENT
This case arises out of Complainant, Ren D. Ely's claim under the employee
protection provisions of the Surface Transportation Assistance Act of 1982. On December 18, 1997,
the parties filed a document entitled "Settlement Agreement and Release" a copy of
which is marked "Exhibit A" and is attached hereto and made a part of the
Recommended Order. The parties have resolved all issues in this case.
After consideration of the settlement agreement and the representations of the
parties, I find the agreement to be fair, adequate and reasonable. I believe it is in the public interest
to adopt the agreement as the basis for the administrative disposition of this case. Therefore, I
recommend dismissal of this proceeding with prejudice based upon authority conferred by 29 C.F.R.
§ 18.39(b).
RICHARD D. MILLS
Administrative Law Judge
Metairie, Louisiana
RDM/ea
NOTICE: This Recommended Order and the administrative file in the matter will be forwarded
for review by the Secretary of Labor, Room S4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, DC 20210. The Office of Administrative Appeals has the responsibility
to advise and assist the Secretary in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55
Fed. Reg. 13250 (1990).