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Harris v. Port Petroleum Inc., 2000-STA-58 (ALJ Jan. 27, 2003)
U.S. Department of Labor | Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 | ![]() |
Issue Date: 27 January 2003
Case No: 2000-STA-0058
In the Matter of:
JOHN HARRIS,
Complainant,
v.
PORT PETROLEUM INC.
AND
MICHAEL SIMMONS,
Respondents.
This proceeding arises under section 31105 of the Surface Transportation Assistance Act (STAA) of 1982 (49 USC 31101 et seq.) and the regulations promulgated thereunder at 29 CFR Part 1978 (1989). On January 21, 2003, the parties filed a settlement agreement (attachment) in accordance with 29 CFR 1978.111(d)(2). The agreement, which resolves the controversy arising from the complaint filed by John Harris, is signed by counsel for the complainant and the respondents. It provides that the complainant releases the respondents from claims arising under the STAA.
This review is limited to whether the terms of the settlement are fair, adequate and reasonable. Kidd v. Sharron Motor Line, Inc., 87-STA-2 (Sec'y July 30, 1987). Under the STAA and implementing regulations, a proceeding may be terminated on the basis of a settlement provided either the Secretary or the administrative law judge approves the agreement. 49 USC app. 2305(c)(2)(A); 29 CFR 1978.111(d)(2). The parties must submit for review an entire agreement to which each party has consented. Tankersley v. Tripple Crown Services, Inc., 92-STA-8 (Sec'y Feb. 18, 1993). This order approving the settlement is final. Swischer v. Gerber Childrenswear, Inc., 93-STA-1 (Sec'y Jan. 4, 1993).
Overall, I find the settlement terms to be reasonable. However, some clarification is necessary. The agreement contains a confidentiality provision limiting all disclosures except under certain stated circumstances. In light of paragraph 2D of the agreement, I believe that it should be made clear that the agreement is not intended to obstruct civil or criminal law enforcement by state or federal agencies or to impede Ms. Harris from aiding law-enforcement activities. Therefore, I am approving the agreement only as construed as follows:
"Nothing in this agreement shall be interpreted to prevent anyone from reporting violations of law to federal or state agencies. Nor shall anything in this agreement be interpreted to require prior disclosure to Port Petroleum of any such report. Nor shall anything in the agreement be interpreted to 1) prevent anyone from aiding any civil or criminal law enforcement activity or 2) require prior disclosure of any such aid."
In a conference call with the parties' counsel on January 22, 2003, I obtained their consent to this proviso.
As so construed, I find the terms of the agreement to be fair, adequate and reasonable, and I will, therefore, approve it.
It is hereby ORDERED that the complaint filed by John Harris is DISMISSED with prejudice, and the settlement agreement is APPROVED as construed above.
FLETCHER E. CAMPBELL, JR.
Administrative Law Judge
FEC/lpr
Newport News, Virginia