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September 25, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter

Davis v. Valley View Ferry Authority, 93-WPC-1 (Sec'y June 28, 1993)


DATE:  June 28, 1993
CASE NO. 93-WPC-1


IN THE MATTER OF

FRANK H. DAVIS,

          COMPLAINANT,

     v.

VALLEY VIEW FERRY AUTHORITY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision of the Water Pollution Control Act,
33 U.S.C. § 1367 (1988) (WPCA).  The parties submitted an agreed order dismissing the
case and a Release and Settlement Agreement (Release).  The Administrative Law Judge
recommends approval of the Release and dismissal of the case.
     The Release appears to encompass the settlement of matters arising under various laws, only
one of which is the WPCA.  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 the agreement to determining whether its terms are a fair, adequate and reasonable settlement
of Complainant's allegation that Respondent violated the WPCA.    Upon review of the terms of
the Release and the record in this case, I find that the Release is fair, adequate and reasonable,
and therefore, I approve it. [1]   Accordingly, the complaint is DISMISSED with prejudice.  


[PAGE 2] SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C. [ENDNOTES] [1] The final paragraph on page 4 provides for confidentiality of the terms of the Release except for the parties and their counsel. I note that the parties' submissions become part of the record in the case and that the Freedom of Information Act, 5 U.S.C. § 552 (1988), requires federal agencies to disclose requested records unless they are exempt from disclosure under the Act. See Hamka v. The Detroit Edison Co., Case No. 88-ERA-26, Sec. Ord to Submit Attachments, Dec. 9, 1991, slip op. at 2, n.1.



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