UNITED STATES
DEPARTMENT OF LABOR

Emmert v. Cleveland Contract Carrier Corp., 2001-STA-21 (ALJ Apr. 5, 2001)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue date: 05Apr2001
CASE NO. 2001-STA-21

In the Matter of

STEPHEN EMMERT
    Complainant

    v.

CLEVELAND CONTRACT CARRIER CORPORATION
    Respondent

   Pursuant to Section 31105 of the Surface Transportation Assistance Act of 1982 (hereinafter, "STAA") (49 U.S.C. 31105), Complainant, Stephen Emmert, filed a complaint with the Secretary of Labor, alleging that Respondent, Cleveland Contract Carrier Corporation, discharged him in reprisal for complaining about Respondent's vehicle. Respondent denied this allegation. Following an investigation by a duly authorized investigator, the Secretary of Labor, acting through her agent, the Regional Administrator for the Occupational Safety and Health Administration, Region V, found the complaint to have no merit.

   Complainant filed an objection to the Secretary's Findings that were issued December 22, 2000 and a hearing was requested. A Notice of Hearing was issued February 1, 2001, said hearing to take place April 18, 2001 in Cleveland, Ohio.

   On or about March 29, 2001, I was notified that the parties amicably resolved their differences. A fully executed Release and Settlement Agreement was forwarded by letter of April 2, 2001. I reviewed the Settlement Agreement and find that it is fair, adequate and reasonable and, under the circumstances, the hearing now scheduled for April 18, 2001 in Cleveland, Ohio is hereby cancelled and this case is hereby dismissed.

   IT IS SO ORDERED

       MICHAEL P. LESNIAK
       Administrative Law Judge