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Ass't Sec'y & Lobmeyer v. J.A. McDonald, Inc., ARB No. 03-158, ALJ No. 2003-STA-38 (ARB Nov. 25, 2003)
U.S. Department of Labor | Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210 |
ARB CASE NO. 03-158
In the Matter of:
ASSISTANT SECRETARY OF LABOR FOR
and
LAWRENCE P. LOBMEYER,
v.
J.A. McDONALD, INC. AND JOHN MAGNUS,
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Prosecuting Party:
ALJ CASE NO. 03-STA-38
DATE: November 25, 2003
OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
RICHARD JONES,
COMPLAINANTS,
RESPONDENTS.
Howard M. Radzely, Acting Solicitor of Labor; Frank V. McDermott, Jr.,
Regional Solicitor, Kevin E. Sullivan, Attorney, U.S. Department of Labor
Washington, D.C.
For the Respondent:
Elizabeth J. Grant, Esq.; David R. McLean, Esq.; Paul, Frank & Collins,
Burlington, Vermont
This case arises under Section 405, the employee protection provision, of the Surface Transportation Assistance Act of 1982, 49 U.S.C.A. § 31105 (West 1997), and implementing regulations at 29 C.F.R. Part 1978 (2003). The Administrative Law Judge (ALJ) below issued a Recommended Decision and Order recommending approval of the parties' settlement agreement and dismissal of the complaint with prejudice. Lobmeyer v. J.A. McDonald, Inc., ALJ No. 03-STA-38 (Sept. 30, 2003).
Pursuant to 29 C.F.R. § 1978.109(c), the Administrative Review Board "shall issue the final decision and order based on the record and the decision and order of the administrative law judge." The parties have indicated that they have no objections to the Recommended Decision and Order.
We concur with the ALJ's determination that the parties' settlement agreement is fair, adequate and reasonable. We adopt as our own the ALJ's Recommended Decision and Order Approving Settlement and Dismissing the Complaint and attach it herewith. Our approval is limited to settlement of the instant case, and we understand the settlement terms relating to release of STAA claims as pertaining only to the facts and circumstances giving rise to this case.
The parties have agreed to settle the Complainant's STAA claim. Accordingly, we APPROVE the agreement and DISMISS the complaint. See Settlement Agreement and Recommended Decision and Order.
SO ORDERED.
JUDITH S. BOGGS
M. CYNTHIA DOUGLASS
Administrative Appeals Judge
Chief Administrative Appeals Judge