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Duke v. AMT Freight, Inc., 2000-STA-37 (ALJ Nov. 7, 2000)
U.S. Department of Labor | Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 | ![]() |
DATE: NOVEMBER 7, 2000
CASE NO.: 2000-STA-37
In the Matter of:
IKE DUKE
Complainant
v.
AMT FREIGHT, INC.
Respondent
This proceeding arises under the employee protection provision of the Surface Transportation Assistance Act (STAA), 49 U.S.C. § 31105 (1982), which prohibits covered employers from discharging or otherwise discriminating against employees who have engaged in certain protected activities. On October 6, 2000 the parties filed a fully executed Resignation and Release Agreement. Upon review, I grant their request that I approve the settlement and dismiss the case with prejudice. 29 C.F.R. § 1978.111(d)(2) (1999). y approval, however, is subject to the following limitations.
Paragraph 3(A) of the agreement, at page 2, purports to settle this matter not only under the STAA, but also under an assortment of other laws. My authority over the agreement is limited to matters arising under the STAA, and thus the scope of my review is limited to determining whether the terms of this agreement amount to a fair, adequate, and reasonable settlement of Complainants's allegations that Respondent violated the STAA. Tankersley v. Triple Crown Services, Inc., 92 STA 8 (Sec'y Feb. 1, 1995). Therefore, this provision must be interpreted as to bar claims arising only under the STAA.
Paragraph 3(C), page two, requires Complainant to voluntarily dismiss with prejudice and costs to him his claim before the United States Department of Labor, Case No: 1171297. I note that this provisions refers to the above-captioned case.
As construed and limited herein, I find the terms of the agreement fair, adequate, and reasonable. Accordingly, Paragraph 3(C), page two, requires Complainant to voluntarily dismiss with prejudice and costs to him his claim before the United States Department of Labor, Case No: 1171297. I note that this provisions refers to the above- captioned case.
Paragraph 6 of the agreement provides that the parties shall keep the terms of the settlement confidential. I note that the parties have attempted to comply with the applicable case law by specifically providing that the confidentiality provision does not restrict disclosure where required by law.
As construed and limited herein, I find the terms of the agreement fair, adequate, and reasonable. Accordingly,
IT IS ORDERED that the Resignation and Release is APPROVED.
IT IS FURTHER ORDERED that Complainant's request to dismiss the claim be, and it is hereby, GRANTED WITH PREJUDICE.
DANIEL L.
LELAND
Administrative
Law Judge
DLL/es/lab