Date: July 1, 1999
Case Nos. 1998-WPC-8
   1999-WPC-5
File Nos. 1-0280-98-029
   1-0280-99-016

IN THE MATTER OF:

William Antoniac,
    Complainant

    v.

United States Coast Guard Academy,
    Respondent

    This proceeding arises from a claim under the Water Pollution Control Act, 33 U.S.C. 1367. The parties appeared at a hearing in New London, Connecticut on June 9, 1999. At that time, the parties indicated that they had reached a settlement in the above-captioned matter. (TR 6-7) Further, Complainant informed the undersigned that he was satisfied with the terms of the settlement. (TR 11) At that time, the parties were direct to submit a signed settlement agreement.

    On June 21, 1999, the parties filed a signed settlement agreement, a copy of which shall be attached to this Order. The parties have submitted a joint motion for approval of settlement agreement and dismissal of claim against Respondent. The terms of the settlement provide that costs will be borne by the respective parties, with the exception of an attorney fee payable by Respondent to Complainant's counsel Scott W. Sawyer, Esq, in the amount of $5,000.00. The settlement also provides that "[n]o compensation will be paid to the Complainant," but rather, "Respondent agrees to conduct extensive training to increase interpersonal and team building skills within the Facilities Engineering Department."

    Upon review and consideration of the provisions of all agreements by the parties, I find that the terms are a fair, adequate and reasonable settlement of Mr. Antoniac's claims against Respodent and should be approved.

    Accordingly, it is hereby RECOMMENDED that the Settlement entered by the parties be approved, and Complainant's claim against Respondent be dismissed. Further, I hereby approve the award of $5,000.00 in attorney fees to Attorney Scott Sawyer.

      DAVID W. DI NARDI
      Administrative Law Judge

Boston, Massachusetts

DWD:pte

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. 24.8 and 24.9 (1998).