Sawyers v. Consolidated Freight, 95-STA-39 (ALJ May 31, 1996)

USDOL/OALJ Reporter
Sawyers v. Consolidated Freight, 95-STA-39 (ALJ May 31, 1996)
                       U.S. Department of Labor
                    Office of Administrative Law Judges
                             525 Vine Street
                         Cincinnati, Ohio 45202


Date: May 31, 1996

Case No. 95-STA-39

In the Matter of
VIRGIL G. SAWYERS
          Complainant

     v.

CONSOLIDATED FREIGHT
          Respondent


BEFORE:   ROBERT L. HILLYARD Administrative Law Judge


     ORDER APPROVING SETTLEMENT AND DISMISSAL OF COMPLAINT

     This action arises under the employee protection provisions
of the Surface Transportation Assistance Act of 1982 (STAA) , 49
U.S.C. 2305, and the implementing regulations of the Secretary of
Labor published at 29 C.F.R. Part 1978, on a complaint filed by
Virgil G. Sawyers.

     After investigation of the complaint, Michael G. Connors,
Regional Administrator, Occupational Safety and Health
Administration, U.S. Department of Labor, issued Secretary's
findings in which he found that the complaint had no merit.  The
Complainant appealed the findings and the matter was transferred
to the office of Administrative Law Judges for hearing.  On
October 19, 1995, a Notice of Hearing and Prehearing Order was
issued scheduling a hearing on January 17, 1996, in Chicago,
Illinois.  A continuance was granted at the request of the
Complainant.  On May 16, 1996, the parties filed a Settlement
Agreement and Release.  The agreement provides that the
warning letter dated October 3, 1994, shall be removed from
Complainant's personnel records; Consolidated Freight shall make
no reference to said warning letter; each party shall be
responsible for his own attorneys fees; and the Complainant shall
withdraw his charge 
[PAGE 2]
pending before the U.S Department of Labor, Case #95-STA-39. 
After review, the Settlement Agreement and Release
appears fair and reasonable and will be approved.

     It is therefore,

     ORDERED that the Settlement Agreement and Release
dated May 13, 1996, is approved, and it is further,

     ORDERED that the preliminary findings and order issued by
ichael G. Connors, Regional Administrator, on June 30, 1995, are
entered as the final administrative order, and it is further,

     ORDERED that the complaint of Virgil G. Sawyers is withdrawn
and this case is DISMISSED.


                                   Robert L. Hillyard
                                   Administrative Law Judge