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In the Matter of: ASSISTANT SECRETARY OF LABOR FOR DATE: APRIL 7, 1995 OCCUPATIONAL SAFETY AND HEALTH, U.S. DEPARTMENT OF LABOR, Prosecuting Party, and CASE NO. 95-STA-2 DENNIS BROADWAY, Complainant, (STAA Section 405: Case No. 4-1760-94-029/521) v. THE KROGER COMPANY, Respondent DECISION AND ORDER APPROVING PROPOSED SETTLEMENT AGREEMENT Upon consideration of the complaint under the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 2305, and the proposed settlement agreement of the parties pursuant to the provisions of 29 C.F.R. § 1978.111(D)(2); and it appearing after their amicable negotiations that the terms of their signed agreement, incorporated here by reference, are fair and equitable; the agreement should be approved. Order The settlement agreement is approved for implementation in accordance with its incorporated terms. __________________________________ JULIUS A. JOHNSON Administrative Law Judge JAJ:koj