UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Ass't Sec'y & Schiavone v. Dayton Freight Lines, Inc., 95-STA-18 (ALJ June 15, 1995)

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DATE:  JUNE 15, 1995

Case No. 95-STA-18

In the Matter of:

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
               Prosecuting Party

     and

DAVID P. SCHIAVONE
               Complainant

     v.

DAYTON FREIGHT LINES, INC.
               Respondent

             DECISION AND ORDER - APPROVING SETTLEMENT

     The parties have submitted for my approval a settlement
agreement in the above-captioned case.  The Settlement Agreement
is incorporated by reference and is attached hereto as
Appendix A.

SETTLEMENT AGREEMENT

     In addition to complaint's being reinstated as a truck
driver with the respondent trucking company, which has already
been done, the parties have agreed that complainant will be
placed on the applicable seniority list of respondent; that
complainant will receive back wages in the amount of $19,176.00,
plus interest of $392.91, less applicable taxes, for the period
ay 20, 1994 through January 6, 1995; that any adverse references
to complainant's discharge or any protected activity will be
expunged from complainant's personnel records; and, finally, that
respondent's objections to the Secretary's Findings and
Preliminary Order issued January 4, 1995 will be withdrawn.

     I have reviewed the terms of the Settlement Agreement, and I
find them fair, adequate and reasonable.  Accordingly, the
settlement is hereby APPROVED.  28 C.F.R. §1978.111(d)(2)


                                __________________________
                                GEORGE P. MORIN
                                Administrative Law Judge

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