DATE:

CASE NO: 97-STA-26

In the Matter of:

BARBARA HAHN,
    Complainant,

    v.

NEW DIRECTION TOURS,
    Respondents.

   This matter arises from a complaint of discrimination under the Surface Transportation Assistance Act (the "Act" or "STAA"), 49 U.S.C. § 31105, and in accordance with the applicable regulations contained at 29 C.F.R. Part 1978. Pursuant to 29 C.F.R. Section 1978.105, Barbara Hahn, Complainant, filed an objection to the Secretary's Findings of May 14, 1997, wherein the Regional Administrator found Complainant's complaint to have no merit.

   Pursuant to a Trial Notice dated September 23, 1997, this matter was set for hearing on Tuesday, January 20, 1998, at 9:00 a.m., in Long Beach, California. However, on November 12 and 18, 1997, this office received letters from Complainant and Respondent, respectively, advising that this case may settle. Acting upon a request from the parties, the Honorable Judge Michael P. Lesniak was appointed settlement judge to mediate the discussion.

   On December 12, 1997, this office received a fully executed Settlement Agreement, Full and Final Release and Joint Motion for Dismissal. The settlement agreement bears the signatures of Complainant, Respondent's director of operations, and Judge Lesniak.

   The parties' Settlement Agreement provides in pertinent part that Respondent "agrees to pay Complainant $300.00 out of pocket expenses, $695.00 which represents one week's pay (said sums already paid by [Respondent] to Complainant receipt of which is hereby acknowledged) and place Complainant's name on the roster of independent contractors for [Respondent] effective May 1, 1999 and that Complainant will be rotated equitably among all of the other independent contractors on the Roster. . . ."

   The undersigned has carefully reviewed the Secretary's Findings of May 14, 1997, and Complainant's objections thereto. After doing so, the undersigned finds that the terms of the settlement are fair, reasonable and adequate to both Complainant and Respondent. The undersigned finds that based on the agreement, the above-styled matter should be dismissed.

   Based upon the foregoing and pursuant to 29 C.F.R. Section 1978.111(d)(2) (1996), IT IS HEREBY ORDERED that the settlement agreement in the above-styled matter is approved. The hearing in this matter, which was previously scheduled for January 20, 1998, in Long Beach, California, is HEREBY CANCELED.

   IT IS FURTHER ORDERED that this matter be DISMISSED, pursuant to the parties' request.

   Entered this ____ day of December, 1997, at Long Beach, California.

       DANIEL L. STEWART
       Administrative Law Judge

NOTICE: This Recommended Order and the administrative file in the matter will be forwarded for review by the Secretary of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 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).