Rogers v. Front Range Environmental Services, 90-ERA-20 (Sec'y Aug. 21, 1990)

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USDOL/OALJ Reporter
Rogers v. Front Range Environmental Services, 90-ERA-20 (Sec'y Aug. 21, 1990)

U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D C.

DATE: August 21, 1990
CASE NO. 90-ERA-20

IN THE MATTER OF

ROBERT ROGERS,
COMPLAINANT,

FRONT RANGE ENVIRONMENTAL
SERVICES,
RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

ORDER APPROVING SETTLEMENT AND
DISMISSING CASE

This case arises under the employee protection provision of the Water Pollution Control Act of 1972, 33 U.S.C. § 1367 (1982) (WPCA)¹ and is before me for review of the Settlement Agreement and Mutual General Release (Settlement) entered into by the parties.

On July 16, 1990, I issued an Order to Show Cause in this case, granting the parties 20 days to show cause why the provisions of paragraph 5 of the Settlement should not be severed and the remainder of the settlement approved. Neither party has responded to the Order to Show Cause.

[Page 2]

Therefore, as discussed in the order to show Cause, I find that paragraph 5 of the Settlement is void as against public policy to the extent that it would prohibit Complainant and Respondent from communicating information to federal or state enforcement authorities concerning alleged violations of the WPCA or other laws. Accordingly, paragraph 5 is so severed. As I find the remainder of the Settlement to be fair, adequate and reasonable, it is approved as provided in the Order to Show Cause. This case is DISMISSED.

SO ORDERED.

Elizabeth Dole
Secretary of Labor

Washington, D.C.

[ENDNOTES]

¹Although this complaint was assigned an "ERA" case number by the Office of Administrative Law Judges it does not involve allegations or claims under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851 (1982).