DATE: December 13, 1995
CASE NO. 93-CAA-11


IN THE MATTER OF 

PATRICK STUDER,

          PLAINTIFF,

     v.

FLOWERS BAKING COMPANY OF 
TENNESSEE, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision 
of the Clean Air Act, 42 U.S.C. § 7622 (1988).  The parties
submitted a General Release and Settlement Agreement seeking
approval of the settlement and dismissal of the complaint.  The
Administrative Law Judge issued a Recommended Order Approving
General Release an Settlement Agreement on November 29, 1995.
     The request for approval is based on an agreement entered
into by the parties; therefore, I must review it to determine
whether the terms are a fair, adequate and reasonable settlement
of the complaint.  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. Order, Mar. 23, 1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, beyond the Clean Air Act.  See
Paragraphs 6, 7 and 8.  For the reasons set forth in Poulos v.

[PAGE 2]
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2, I have limited my review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of the Complainant's allegations the
Respondent violated the Clean Air Act.
     Paragraphs 14 and 18 contain language which provides that
the  Complainant shall keep the terms of the Settlement Agreement
confidential.  Paragraphs 13 and 17 contain language allowing
Complainant, either voluntarily or pursuant to an order or
subpoena, to communicate with, or provide information to State
and Federal government agencies about suspected violations of law
involving the Respondent, as well as to his personal tax and
financial advisors and legal counsel.  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.[1]   See Debose
v. Carolina Power and Light Co., Case No. 92-ERA-14, Order
Disapproving Settlement and Remanding Case, Feb. 7, 1994, slip
op. at 2-3 and cases there cited. 
     Paragraph 25 provides that the agreement will be governed by
the laws of Tennessee.  I construe this provision as excepting
the authority of the Secretary of Labor and any Federal court
which shall be governed in all respects by the laws and
regulations of the United States.  See Phillips v. Citizens
Ass'n for Sound Energy, Case No. 91-ERA-25, Final Order of 
Dismissal, Nov. 4, 1991, slip op. at 2.
     I find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaints.  
Accordingly, I APPROVE the agreement and DISMISS THE COMPLAINT
WITH PREJUDICE.  Paragraph 5.  
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.


[ENDNOTES]
           
[1] 
  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).