DATE: July 24, 1989
CASE NO: 89-SWD-1

In the Matter of

JOHN E. WILLIAMS,
    Complaintant,

    v.

INDIANA VOCATIONAL TECHNICAL
COLLEGE,
    Respondent.

   This proceeding arises under the Solid Waste Disposal Act, 42 U.S.C. § 6971 [the Act], and the regulations promulgated thereunder, 29 C.F.R. Part 24.

   John E. Williams filed his complaint under the Act on March 7, 1989. An investigation was conducted by Employment Standards Administration, Wage and Hour Division, U. S. Department of Labor and a notice of determination was issued by the District Director of the Wage and Hour Division on April 5, 1989. The Indiana Vocational and Technical College filed its appeal of the notice of determination on April 13, 1989.

   This case was set for hearing on July 6, 1989. The hearing was continued at the request of the parties because they had agreed to a basis for disposing of the case without a hearing. On July 17, 1989, the complainant and the respondent, through counsel, submitted a Settlement Agreement and Stipulations of the Parties together with a document entitled Agreement and Release.

   Upon consideration of the agreement of the complainant and respondent, it is determined that the terms of the settlement are fair and reasonable. However, the agreement is not executed on behalf of the Secretary of Labor. Therefore, it must be submitted to the Secretary for review and the issuance of a final order. See 29 C.F.R. § 24.6.

   IT IS HEREBY RECOMMENDED that the settlement of the parties be accepted and that a final order prescribing the relief be issued.

       DONALD W. MOSSER
       Administrative Law Judge