DOL Home > OALJ > Whistleblower > Ass't Sec'y & Lobmeyer v. J.A. McDonald, Inc., 2003-STA-38 (ALJ Sept. 25, 2003) |
Ass't Sec'y & Lobmeyer v. J.A. McDonald, Inc., 2003-STA-38 (ALJ Sept. 25, 2003)
U.S. Department of Labor | Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486- 3800 | ![]() |
Issue Date: 25 September 2003
CASE NO.: 2003-STA-00038
In the Matter of
ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH
Prosecuting Party
and
LAWRENCE P. LOBMEYER
RICHARD JONES
Complainants
v.
J.A. McDONALD, INC. AND JOHN MAGNUS
Respondents
This case arises under § 405 of the Surface Transportation Act of 1982, 49 U.S.C.A. § 31105 (formerly 49 U.S.C. § 2305) (the Act), which provides for employee protection from discrimination because the employee has engaged in protected activity pertaining to commercial motor vehicle safety and health matters, and the regulations promulgated under the Act, contained in 29 C.F.R. Part 718.
Hearing in this matter was scheduled for August 11, 2003 in Burlington, Vermont. On August 8, 2003, the parties notified the undersigned a settlement had been reached. Respondent's counsel submitted a letter, via facsimile on August 8, to confirm that the parties had reached a settlement agreement in this matter. On September 17, 2003, the parties submitted a "JOINT MOTION TO APPROVE SETTLEMENT" and a "SETTLEMENT AGREEMENT". Copies of these two documents are attached hereto.
The settlement agreement provides that Respondents shall pay Complainants a sum of $40,000.00. Respondents shall pay Complainant Lobmeyer, beginning on or before October 1, 2003 $6,000 and, on or before the first day of each of the following three months $6,000.00 for a total of $24,000.00. Beginning on or before October 1, 2003, Respondents shall pay Complainant Jones $4,000.00 and, on or before the first day of each of the following three months $4,000.00 for a total sum of $16,000.00. The agreement provides that, in turn, Complainants agree to release and forever discharge Respondents from any and all claims for discrimination and wrongful discharge under the Surface Transportation Assistance Act, 49 U.S.C. § 31105 (a)(1)(A).
The agreement further provides that Respondents agree to purge Complainants' employment/personnel file of any reference that relates to or arises from this instant matter, and Respondents further agree that in response to any employment reference inquiry made by an employer or prospective employer, they will refrain from making any adverse oral or written references and will only provide dates of employment and job title.
I find that the parties settlement agreement is fair, adequate, reasonable, and in the interests of the Complainants.
Consequently, the settlement agreement is approved and it is ORDERED that the complaint is dismissed with prejudice.
Janice K. Bullard
Administrative Law Judge
Cherry Hill, New Jersey