UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter

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Ass't Sec'y & Malone v. Textile Rubber & Chemical Co., 95-STA-6 (ALJ June 23, 1995)

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DATE: June 23, 1995

CASE NO: 95-STA-6

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
     Prosecuting Party

     and

JAMES R. MALONE,
     Complainant

v.

TEXTILE RUBBER & CHEMICAL COMPANY,
     Respondent

                   ORDER OF DISMISSAL

     This proceeding arises under Section 405 of the Surface
Transportation Assistance Act of 1982 [49 U.S.C. S 2305] and the
regulations promulgated thereunder [29 C.F.R. Parts 1978 (1989)]. 
The parties, on June 14, 1995, filed a Stipulation of Settlement
in accordance with 29 C.F.R. § 1978.111(d)(2). This
stipulation resolves the parties' controversy arising from the
June 17, 1994 complaint of James R. Malone under the pertinent
statute.  The stipulation of settlement is signed by the
complainant, his counsel, Henry C. Tharpe, Jr., and counsel for
the prosecuting party, Kelly R. Rixner.  Copies of the
stipulation of settlement are attached only to the copies
of this order to be served on the parties.

     After carefully considering the stipulation of settlement,
which is incorporated herein by reference, I find it to be fair,
adequate and reasonable.  I believe it to be in the best interest

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of the parties to adopt the stipulation of settlement 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.


DONALD W. MOSSER
Administrative Law Judge