UNITED STATES
DEPARTMENT OF LABOR

Tjernagel v. Spirit Airlines, Inc., 2003-AIR-43 (ALJ Apr. 15, 2004)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue Date: 15 April 2004
CASE NO. 2003-AIR-43

In the Matter of

Jeff Tjernagel,
    Complainant,

    vs.

Spirit Airlines, Inc.,
    Respondent.

    This case arises under Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. § 42121 ("AIR 21"); 29 C.F.R. Part 1979. It began when the Complainant filed a complaint with the Occupational Health and Safety Administration ("OSHA") on December 21, 2002 alleging that he had been terminated by the Respondent in reprisal for making safety complaints. After investigation, the Complainant was notified in a letter of August 11, 2003 by OSHA Area Director that there was insufficient evidence Respondent had violated the employee protection provisions of AIR 21. On September 3, 2003, the Complainant faxed a request to the Office of Administrative Law Judges ("OALJ") asking for a hearing in this matter.

    On November 12, 2003, the parties were notified that this matter was set for trial in Detroit, Michigan on January 13, 2004. Prior to the scheduled trial date, the parties gave notice that they had reached a settlement resolving the matter and would be submitting a signed settlement agreement.

    I received a fully executed settlement agreement on April 13, 2004 which provides that this matter is to be dismissed with prejudice. Paragraph 8 of the settlement agreement provides that the Complainant will keep the existence and terms of the settlement agreement confidential, with certain specified exceptions. In the letter transmitting the settlement agreement, Respondent's counsel stated that the settlement agreement is confidential commercial information and asked that the settlement agreement be maintained in confidence by the OALJ and that access to the agreement by third parties be restricted to the full extent that the law allows.

    Because the OALJ is a government agency, and this is a public proceeding, the parties' submissions in this case, including the settlement agreement, become a part of the record in this

case and are subject to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1988). FOIA requires Federal agencies to disclose requested records unless they are exempt from disclosure under FOIA. Gerald Fish v. H and R Transfer, ARB No. 01-071; ALJ Case No. 00-STA-56 (ARB April 30, 2003).

    The parties have indicated that the settlement agreement comprises and includes confidential commercial information which they believe are exempt from disclosure under FOIA. The Department of Labor regulations provide specific procedures for responding to FOIA requests, for appeals by requestors from denials of such requests and for protecting the interests of submitters of confidential commercial information. See 29 C.F.R. § 70.26. The settlement in this case will be placed in a separate envelope and identified as being confidential commercial information pursuant to the parties' request.

    I have reviewed the settlement agreement and find that it is a fair, adequate and reasonable settlement of the Complainant's claims under the employee protection provisions of AIR 21, and I approve the settlement agreement.

    Accordingly, this case is DISMISSED with prejudice.

       WILLIAM DORSEY
       Administrative Law Judge