ORDER
This case arises under the Solid Waste Disposal Act (SWDA), 42 U.S.C.
§ 6971 (1988). The parties have submitted a Memorandum of Settlement seeking approval
of the settlement and dismissal of the complaint.
The request for approval is based on an agreement entered into by the
parties, therefore, we must review it to determine whether the terms are a fair, adequate and
reasonable settlement of the complaint. 29 C.F.R. § 24.6. Macktal v. Secretary of
Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't of Labor,
885 F.2d 551, 556 (9th Cir. 1989); Fuchko and Yunker v. Georgia Power Co., Case
Nos. 89-ERA-9, 89ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
The Board requires that all parties requesting settlement approval of cases
arising under the employee protection provisions of the SWDA provide the settlement
documentation for any other alleged claims arising from the same factual circumstances forming
the basis of the federal claim, or to certify that no other such settlement agreements were entered
into between the parties. Biddy v. Alyeska Pipeline Service Company, ARB Case Nos.
96-109, 97-015, Final Order Approving Settlement and Dismissing Complaint, Dec. 3, 1996, slip
op. at 3. Therefore, prior to approving the settlement, the parties are directed to provide the
specified additional settlement documentation or certification.
The parties are required to file a joint response to this Order within ten (10)
days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit the
required information within ten (10) days from the issuance of this Order. Respondent may
submit a response within fifteen (15) days of the issuance of this Order.
SO ORDERED.
DAVID A. O'BRIEN Chair
KARL J. SANDSTROM Member
JOYCE D. MILLER
[ENDNOTES]
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