Scott v. Boiler Cleaning & Specialty Corp., 1995-WPC-5 (Sec'y Sept. 28, 1995)

DATE: SEP 28 1995
CASE NO. 95-WPC-5

IN THE MATTER OF

JOHN STERLING SCOTT, SR.,
    COMPLAINANT,

    v.

BOILER CLEANING & SPECIALTY CORPORATION,
d/b/a BOILER CLEANING & SPECIALTY CORP.,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    Before me for review is the Recommended Order Approving Settlement and Dismissing Complaint issued Sept. 14, 1995, by the Administrative Law Judge (ALJ) in this case filed under the employee protection provision of the Federal Water Pollution Control Act (WPC), 33 U.S.C. § 1251 (1988). The ALJ found the Settlement Order submitted by the parties to be fair, adequate and reasonable. See 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 ALJ recommended that the agreement be approved and the case dismissed with prejudice.

    Review of the agreement reveals that it encompasses the settlement of matters under laws other than the WPC. As stated in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order, Nov. 2, 1987, slip op. at 2:

[The Secretary's] authority over settlement agreements is limited to such statutes as are within [the Secretary's] jurisdiction and is defined by the applicable statute. See Aurich v. Consolidated Edison Company of New York, Inc., Case No. [86-]CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987; Chase v. Buncombe County, N.C., Case No. 95-SWD-4, Secretary's Order on Remand, issued November 3, 1986.

I have, therefore, limited my review of the agreement to determining whether the terms

thereof are a fair, adequate and reasonable settlement of Complainant's allegation that the Respondent violated the WPC.

    Upon review of the terms of the agreement signed by the parties, and based on the record of this case, I find that the agreement is fair, adequate and reasonable. I therefore accept the ALJ's recommendation that the agreement be approved. Accordingly, this case is DISMISSED WITH PREJUDICE.

    SO ORDERED.

       ROBERT B. REICH        Secretary of Labor

Washington, D.C.