DATE:  June 28, 1993
CASE NO.  93-CAA-0003


IN THE MATTER OF

HECTOR R. RIVERA,

          COMPLAINANT,

     v.

BRISTOL-MYERS BARCELONETA, INC.,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT 
                  AND DISMISSING COMPLAINT WITH PREJUDICE

     Before me for review is the Recommended Order of Dismissal
(R.0.) of the Administrative Law Judge (ALJ) in this case arising
under the employee protection provisions of the Clean Air Act, 
42 U.S.C. § 7622 (1982).  Before the ALJ, the parties
jointly submitted a Stipulation for Dismissal with Prejudice,
along with a copy of the fully executed Settlement Agreement and
Release (agreement), dated February 26, 1993.  The ALJ
recommended approval of the terms of the settlement agreement and
dismissal of the complaint with prejudice.   
     The terms of the agreement have been carefully reviewed and
the following discussion clarifies my interpretation of the
terms.  I note that the agreement may encompass the settlement of
matters arising under various laws, only one of which is the CAA. 
For the reasons set forther in Poulos v. Ambassador Fuel Oil
Co., Inc., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip
op. at 2, and the cases cited therein, my review of the
settlement agreement is limited to determining whether its terms
are a fair, adequate and reasonable settlement of complainant's
allegations 
[PAGE 2]
that Respondent violated the CAA.  
     Paragraph 14 of the agreement indicates that the agreement
shall be interpreted under the laws of the Commonwealth of Puerto
Rico.  Agreement at 6, Paragraph 14.  I interpret this provision
as not limiting the authority of the Secretary or the United
States district court under the statute and regulations. 
See 42 U.S.C. § 7622(d); 29 C.F.R. § 24.8(a) (1991);
Phillips v. Citizens Association for Sound Energy, Case
No. 91-ERA-25, Final Ord. of Dismissal, Nov. 4, 1991, slip op. at
2.  
     Paragraph 11 of the agreement contains "strict covenants 
of confidentiality."  I interpret these provisions as not
restricting disclosure of the terms of the agreement where
required by law.  Anderson v. Waste Management of New
Mexico, Case No. 88-TSC-2, Sec. Final Order Approving
Settlement, Dec. 18, 1990, slip op. at 2.  
     As construed herein, I find the terms of the agreement to 
be a fair, adequate and reasonable settlement of Complainant's
allegations under the CAA, and therefore, I approve theagreement.  Accordingly, the complaint is dismissed with
prejudice.  See Stipulation for Dismissal with Prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.