UNITED STATES
DEPARTMENT OF LABOR

Nisley v. J&B Leasing, 2003-STA-29 (ALJ July 31, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Case Number 2003 STA 00029

Issue Date: 31 July 2003

In the Matter of

Donald Nisley
   Complainant

   v.

J&B Leasing
   Respondent

   This proceeding arises under Section 31105 of the Surface Transportation Assistance Act (STAA) of 1982 (49 U.S.C. § 31101) and the regulations promulgated thereunder [29 C.F.R. Part 1978 (1989)]. The parties, on July 28, 2003, filed a Settlement Agreement in accordance with 29 C.F.R. § 1978.111(d)(2). The Agreement resolves the controversy arising from the complaint of Donald Nisley under the statute.

   Pursuant to the requirements of the Act and the implementing regulations, I have carefully reviewed the terms of the parties' Settlement Agreement, and I find that it constitutes a fair, adequate and reasonable settlement of the complaint.

Accordingly, IT IS HEREBY ORDERED that:

(1) the parties' Settlement Agreement is hereby approved; and

(2) the above-captioned complaint is hereby dismissed with prejudice.

   This approval of the Settlement Agreement and dismissal of the complaint constitutes the final order in this matter. Pettit v. Des Moines Asphalt & Paving Co., OALJ No. 1996-STA-3 (ARB December 30, 1996).

      DANIEL F. SOLOMON
      Administrative Law Judge

NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. See 29 C.F.R. §1978.109(a); 61 Fed. Reg. 19978 (1996).