U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
DATE: July 29, 1998
CASE NO: 98-STA-20
In the Matter of
PATRICK N. CLEMENT,
Complainant,
v.
MILWAUKEE TRANSPORT SERVICES, INC.,
Respondent.
ORDER OF DISMISSAL
This proceeding arises under Section 405 of the Surface Transportation
Assistance Act of 1982 [49 U.S.C. § 2305] and the regulations promulgated thereunder
[29 C.F.R. Part 1978]. The parties by separate letters dated July 14, 1998 filed copies of a
Settlement Agreement in accordance with 29 C.F.R. § 1978.111(d)(2). This agreement is
signed by the complainant, respondent's Director of Operations and Calvin C. Fernstrum, who
investigated the complaint of Mr. Clement on behalf of the Occupational Safety and Health
Administration of the U.S. Department of Labor. The agreement, copies of which are attached
only to the copy of this order to be served on the parties, resolves the parties'
controversy arising from the February 22, 1996 complaint of Mr. Clement under the pertinent
statute.
After carefully considering the settlement agreement, which is
incorporated herein by reference, I find it be fair, adequate and reasonable. I believe it to be the
best interests of the parties to adopt the settlement agreement as the basis for disposing of this
case administratively. Therefore, IT IS HEREBY ORDERED that the settlement is approved
and this case is dismissed with prejudice.
