DOL Home > OALJ > Whistleblower > Shields v. Cavalier Truck Lines, Inc., 1999-STA-8 (ALJ Feb. 16, 1999) |
Date: February 16, 1999
Case No.: 1999-STA-0008
In the Matter of
DENISE SHIELDS
Complainant
v.
CAVALIER TRUCK LINES, INC.
Respondent
Before: Richard E. Huddleston
Administrative Law Judge
This case arises under the employee protection provisions of the Surface Transportation Assistance Act, 49 U.S.C. § 31105 (1994). On January 11, 1999, Complainant and Respondent have submitted an executed Settlement Agreement and Full Release and have requested dismissal of this matter with prejudice. The Settlement Agreement and Full Release is incorporated by reference and attached hereto as Appendix A.
The Settlement Agreement provides that Complainant releases Respondent from claims arising under the Surface Transportation Act as well as under various other laws. This review is limited to whether the terms of the settlement are a fair, adequate and reasonable settlement of Complainant's allegations that Respondent violated the STAA. Kidd v. Sharron Motor Lines, Inc., 87-STA-2 (Sec'y July 30, 1987).
Paragraph 9 of the Agreement provides for confidentiality of its terms, amount, and facts. I note that the parties' submissions become part of the record in the case and that the Freedom of Information Act, 5 U.S.C. § 552 (1988), requires federal agencies to disclose requested records unless they are exempt from disclosure under the Act. See Hamka v. The Detroit Edison Co., Case No. 88-ERA-26, Sec. Order to Submit Attachments, Dec. 9, 1991, slip op at 2, n. 1.
Upon review of the terms of the agreement and the case record, I find that agreement is fair, adequate, and reasonable, and therefore, I approve the Settlement Agreement and Full Release. Accordingly, the complaint is DISMISSED with prejudice pursuant to 29 C.F.R. § 1978.111(d)(2).
Richard E.
Huddleston
Administrative Law
Judge