Hearing on Date: 11/17/2026 - Cancelled. ORDER APPROVING SETTLEMENT, ORDER DISMISSING COMPLAINT — 2026STA00040

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Cincinnati, Ohio
______________
Issue Date: 13 October 2026
OALJ Case Nos. 2025-STA-00009 (Herrera)
2025-STA-00010 (DeVore)
2025-STA-00011 (McCasland)
2025-STA-00012 (Subsits)
2026-STA-00040 (Herrera)
2026-STA-00045 (McCasland)
OSHA Case Nos. 301033432 (Herrera 2025)
301033437 (DeVore)
301033613 (McCasland 2025)
301033615 (Subsits)
301055393 (Herrera 2026)
301055395 (McCasland 2026)
In the Matters of:
BRENDON HERRERA,
JEFFERY DeVORE,
BRIAN McCASLAND, and
BRET SUBSITS,
Complainants,
v.
UNITED PARCEL SERVICE, ET AL.,
Respondents.
ORDER APPROVING SETTLEMENT, ORDER DISMISSING COMPLAINT
These matters arise under the employee protection provisions of the Surface Transportation
Assistance Act of 1982 (STAA) 49 U.S.C. § 31105. They are being conducted in accord with the
STAA, its implementing regulations, and the Rules of Practice and Procedure for Administrative
Hearings Before the Office of Administrative Law Judges (Rules of Procedure). Id.; 29 C.F.R. Part
1978; 29 C.F.R. Part 18.
Relevant Background
On September 23, 2026, Complainant filed a Settlement and General Release (Settlement
Agreement). On September 24, 2026, Complainant filed an Unopposed Motion to Approve
Settlement, Withdraw the Complaints and Dismiss Proceeding with Prejudice (Motion to

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Approve Settlement). The parties subsequently considered filing their settlement under seal,
but ultimately determined not to do so. See Unopposed Motion to Place Docket Entry Under
Seal (Sept. 28, 2026); Order Regarding Respondents’ Unopposed Motion to Place Docket Entry
Under Seal, Order to Respondents (Sept. 30, 2026); Stipulated Motion for Final Approval of
Settlement (Second Motion to Approve Settlement) (Oct. 8, 2026) at Introductory Paragraph and
¶ 3.
The parties October 8, 2026 Second Motion to Approve Settlement asks this Tribunal to
approve the Settlement Agreement submitted on September 23, 2026. Second Motion to
Approve Settlement ¶ 2.
Order Approving Settlement
The STAA and its implementing regulations provide that proceedings may be terminated by
means of an approved settlement agreement. 49 U.S.C. § 31105(b)(2)(C); 29 C.F.R. §
1978.111(d)(2). Under the STAA, a settlement agreement cannot become effective until its
terms have been reviewed and determined to be fair, adequate, and reasonable, and in the
public interest. Edmisten v. Ray Thomas Petroleum, ARB No. 10-020, ALJ No. 2009-STA-00036
(ARB Dec. 16, 2009). The regulations thus direct the parties to file a copy of the settlement
“with the ALJ or the Administrative Review Board, United States Department of Labor, as the
case may be” so that the review can be conducted. 29 C.F.R. § 1978.111(d)(2).
I have reviewed the parties’ Settlement Agreement; it complies with the requirements set forth
above. I find the terms, obligations, and conditions related to the above-captioned proceeding
to be adequate, reasonable, and in the public interest. I also find that the settlement was not
procured through duress. The Settlement Agreement is APPROVED.1 It hereby becomes the
final order of the Secretary. The STAA portions of the agreement may be enforced pursuant to
29 C.F.R. § 1978.113.2
IT IS FURTHER ORDERED that, upon payment of the amount set forth in the Settlement
Agreement, Complainant’s complaint is DISMISSED with prejudice.
1 The STAA contains a “no preemption” provision. 49 U.S.C 31105(f). I do not approve any portion of the
Settlement Agreement violative of the no preemption provision. Additionally, the Settlement
Agreement also discusses matters under laws and provisions other than the Surface Transportation
Assistance Act. I may only approve settlement of the above-captioned matter; it is the only matter
before me. Therefore, I only approve the terms of the Settlement Agreement pertaining to the
Complainant's STAA claim. Carnahan v. Arnold Transportation Services, Inc., ARB Case No. 10-025, 2009
WL 5178507 (Dec. 22, 2009); Fish v. H & R Transfer, ARB No. 01-071, ALJ No. 2000-STA-056, slip op. at 2
(Apr. 30, 2003).
2 The redacted Settlement Agreement will be publicly available. The unredacted version will be
maintained confidentially, as discussed within this Tribunal’s September 30, 2026 Order Regarding
Respondents’ Unopposed Motion to Place Docket Entry Under Seal, Order to Respondents.

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To the extent not otherwise done so, the parties shall implement the terms regarding this claim
as specifically stated therein. This Order shall have the same force and effect as one made after
a full hearing on the merits, as regards the STAA matters set forth above.
It is SO ORDERED.
W. EDEN FORT
Administrative Law Judge