| DOL Home > OALJ > Whistleblower > Paul v. USF Glen Moore Transport, ARB No. 03-089, ALJ No. 2002-STA-16 (ARB Oct. 31, 2003) |
USDOL/OALJ Reporter
FINAL ORDER APPROVING SETTLEMENT AGREEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE
[Page 2]CONCLUSION
Paul v. USF Glen Moore Transport, ARB No. 03-089, ALJ No. 2002-STA-16 (ARB Oct. 31, 2003)
| U.S. Department of Labor | Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210 |  |
ARB CASE NO. 03-089
In the Matter of:
ROBERT C. PAUL,
v.
USF GLEN MOORE TRANSPORT,
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ALJ CASE NO. 02-STA-016
DATE: October 31, 2003
COMPLAINANT,
RESPONDENT.
Appearances:
For the Complainant:
For the Respondent:
John B. Kelly, II, Esq., Kievit, Kelly & Odom, Pensacola, Florida
J. Jay Cooper, Esq., Goldberg, Katzman & Shipman, Harrisburg, Pennsylvania
AND DISMISSING COMPLAINT WITH PREJUDICE
This case arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act of 1982, 49 U.S.C.A. § 31105 (West 1997), and implementing regulations at 29 C.F.R. Part 1978 (2003). The Administrative Law Judge (ALJ) below issued a Recommended Decision and Order recommending approval of the parties' settlement agreement and dismissal of the complaint with prejudice. Paul v. USF Glen Moore Transp., ALJ No. 02-STA-016 (Apr. 18, 2003).
Pursuant to 29 C.F.R. § 1978.109(c), the Administrative Review Board "shall issue the final decision and order based on the record and the decision and order of the administrative law judge." On May 7, 2003, counsel for Respondent advised the Board that Respondent has no objections to the Recommended Decision and Order. On October 31, 2003, the Complainant, Robert Paul, advised the Board that he has no objections to the Recommended Decision and Order.
[Page 2]
We concur with the ALJ's determination that the parties' settlement agreement is fair, adequate and reasonable. We adopt as our own the ALJ's Recommended Decision and Order Approving Settlement and Dismissing with Prejudice and attach it herewith.
The parties have agreed to settle the Complainant's STAA claim. Accordingly, we APPROVE the agreement and DISMISS the complaint.
SO ORDERED.
JUDITH S. BOGGS
Administrative Appeals Judge
M. CYNHIA DOUGLASS
Chief Administrative Appeals Judge
