In the Matter of:

RICHARDO ACCORD,                             CASE NOS. 95-TSC-3
                                                       95-TSC-14
          COMPLAINANT,

     v.                                     DATE:   June 19, 1996

ARCO ALASKA, INC. 

     and

VECO CONSTRUCTION,

          RESPONDENTS.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
the Toxic Substances Control Act, 15 U.S.C. § 2622 (1988),
the Water Pollution Control Act, 33 U.S.C. § 1367 (1988) and
the Clean Air Act, 42 U.S.C. § 7622 (1988).  The parties
submitted a Joint Motion to Approve Settlement Agreement and
Order of Dismissal and a Settlement Agreement, Release and
Covenant Not to Sue, seeking approval of the settlement and
dismissal of the complaints of the above cited cases with
prejudice.  The Administrative Law Judge (ALJ) issued a decision
on April 8, 1996, recommending that the settlement be approved.  
     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 complaints.  24 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, 89-ERA-10, Sec. 
[PAGE 2]
Order, Mar. 23, 1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, beyond those enumerated above. 
See ¶ 8.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Ord.,
Nov. 2, 1987, slip op. at 2, we have limited our review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of the Complainant's allegations the
Respondents violated the above enumerated Acts.
     Paragraph 5 contains language which provides that the 
Complainant shall keep the terms of the Settlement Agreement
confidential.  We interpret this language as not preventing
Complainant, either voluntarily or pursuant to an order or
subpoena, from communicating with, or providing information to,
State and Federal government agencies about suspected violations
of law involving the Respondent.  See Corder v. Bechtel Energy
Corp., Sec. Order, Feb. 9, 1994, slip op. at 6-8 (finding
void as contrary to public policy a settlement agreement
provision prohibiting the complainant from communicating with
federal or state agencies concerning possible violations of law). 
 
     The parties' submissions, including the agreement become
part of the record of the case and are subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988).  FOIA
requires Federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.[2]   See Debose
v. Carolina Power and Light Co., Case No. 92-ERA-14, Ord.
Disapproving Settlement and Remanding Case, Feb. 7, 1994, slip
op. at 2-3 and cases there cited. 
     We find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaints.
Accordingly, we APPROVE the agreement and DISMISS THE COMPLAINTS
WITH PREJUDICE.  Paragraph 2.  
     SO ORDERED.



                              ___________________________
                              DAVID A. O'BRIEN
                              Chair





                              ___________________________
                              KARL J. SANDSTROM
                              Member

[PAGE 3]




                              ___________________________
                              JOYCE D. MILLER
                              Alternate Member






[ENDNOTES]
           
[1] 
  On April 17, 1996, a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
and these regulations to the newly created Administrative Review
Board.  61 Fed. Reg. 19978 (May 3, 1996)(copy attached).  

  Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order and regulations under which the Board
now issues final agency decisions.  A copy of the final
procedural revisions to the regulations (61 Fed. Reg. 19982),
implementing this reorganization is also attached.


[2] 
  Pursuant to 29 C.F.R. § 70.26(b), submitters may designate
specific information as confidential commercial information to be
handled as provided in the regulations.  When FOIA requests are
received for such information, the Department of Labor will
notify the submitter promptly, 29 C.F.R. § 70.26(c); the
submitter will be given a reasonable amount of time to state its
objections to disclosure, 29 C.F.R. § 70.26(e); and the
submitter will be notified if a decision is made to disclose the
information, 29 C.F.R. § 70.26(f).  If the information is
withheld and a suit is filed by the requester to compel
disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).