DATE: August 1, 1994
CASE NO. 94-CAA-8
IN THE MATTER OF
SHEILA CROFUT,
COMPLAINANT,
v.
KING COUNTY ENVIRONMENTAL DIVISION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provisions of
the Clean Air Act (CAA), 42 U.S.C. § 7622 (1988) and the
regulations at 29 C.F.R. Part 24 (1993). The Administrative Law
Judge (ALJ) issued a recommended order for dismissal of the
complaint on July 13, 1994.
The parties have submitted to me a Release, Hold Harmless
and Settlement Agreement (Agreement) and seek approval of the
Agreement and dismissal of the complaint. Because the request
for approval is based on an agreement entered into by the
parties, I must review it to determine whether the terms are a
fair, adequate and reasonable settlement of the complaint. 29
C.F.R. § 24.6(b); 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. Ord., Mar. 23, 1989, slip op. at 2.
The Agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the CAA.
See Agreement Sections I and VII. 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, I have limited
my review of
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the Agreement to determining whether its terms are a fair,
adequate and reasonable settlement of Complainant's allegations
that Respondent violated the CAA.
I find that the Agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint.
Accordingly, I APPROVE the settlement and DISMISS the complaint
with prejudice. Agreement Section VI.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.
