UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Taylor v. Mr. ike Broadhead, Manager, Ryder Distribution Resources, 91-STA- 14 (Sec'y June 17, 1992)

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DATE:  June 17, 1992
CASE NOS. 91-STA-14

IN THE MATTER OF 

LEVY TAYLOR,
          COMPLAINANT,

     v.

R. MIKE BROADHEAD, MANAGER,
RYDER DISTRIBUTION RESOURCES,
          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


            FINAL DECISION AND ORDER OF DISMISSAL

     Before me for review is the Recommended Supplemental
Decision and Order on Damages (R.D. and O.) of the Administrative
Law Judge (ALJ) in this case arising under the Surface
Transportation Assistance Act of 1982 (STAA) 49 U.S.C. app.
§ 2305 (1988).
     
     By Decision and Order of Remand, dated February 11, 1992, I
adopted the ALJ's finding that Complainant was discharged in
violation of the STAA, and remanded this case for further
findings on damages, backpay and interest, benefits and attorney
fees.  On remand, the parties submitted a Settlement Agreement
before the ALJ, signed by Complainant and counsel for Complainant
and Respondent, and dated April 29, 1992.

     Based on review of the Settlement Agreement, [1] the
submissions of the parties pursuant to a pre-Hearing Order and
his discussion with the parties at the scheduled hearing, the ALJ
recommends approval of the agreement as fair and reasonable and
not procured by any duress. [2]  Under the regulations governing
the settlement of STAA cases, either the ALJ or the Secretary may
approve adjudicatory settlements reached by participating
parties.  See 29 C.F.R. § 1978.111(d).

     Upon review of the Settlement Agreement and the ALJ's R.D.
and O., I find that the terms of settlement are fair, adequate
and reasonable and that their approval is appropriate.

     Accordingly, the terms of the settlement are approved and
the case is DISMISSED.
  
     SO ORDERED.

                              LYNN MARTIN
                              Secretary of Labor
Washington, D.C.


[ENDNOTES]
           
[1]  I note that the ALJ referred to a "Joint Application For
Approval of Settlement Agreement" submitted by the parties at the
scheduled hearing.  R.D. and O. at 4.  The record does not
contain any document of that title and from the transcript of
that hearing and the submissions of the parties, it appears that
the ALJ is referring to the executed Settlement Agreement itself.

Accordingly, I will proceed with my review of the settlement
agreement.

[2] The ALJ referenced the regulations at 20 C.F.R. §
702.243(f) in reviewing the settlement.  R.D. and O. at 5.  The
regulations governing the settlement of STAA cases are found at
29 C.F.R.  § 1978.111(d)(1991).