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In the Matter of:             
                              
Carl Fletcher                        Case No.: 95-SWD-0002
     Claimant                 
                              
          v.                 
                              
Travi Construction Corp.        
     Employer                 
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BEFORE:   JOEL F. GARDINER
          Administrative Law Judge



            RECOMMENDED ORDER APPROVING SETTLEMENT AGREEMENT
                         AND DISMISSING COMPLAINT


 This case arose under the employee protection provisions of
the Solid Waste Disposal Act, 42 U.S.C. 6971.  A Notice of
Hearing and Pre-Hearing Order was issued on April 13, 1992.  A
hearing was set for May 23, 1995 in Boston, Massachusetts.

     Prior to the scheduled hearing date, counsel advised the
undersigned that a resolution of this matter had been reached. 
Subsequently, on July 5, 1995, a Settlement Agreement signed by
Paul J. Hogan, Esq., counsel for the Claimant and Patrick J.
Sullivan, Esq., counsel for the Employer was submitted.  Attached
to the settlement agreement is a General Release signed by Carl
Fletcher, the Claimant in this matter.  These settlement
documents incorporate the understanding of the parties as to the
basis for settlement.  The parties have moved that I recommend
approval of the Settlement Agreement.

     Initially, I note that the Settlement Agreement encompasses
the settlement of all matters relating to the alleged violations
of the Solid Waste Disposal Act.  For my purposes here, I limit
my review of this agreement to determine whether its terms are a
fair, adequate and reasonable settlement of Carl Fletcher s 
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complaints concerning violations of the Solid Waste Disposal Act.

     I note that in Paragraph 7 of the Settlement Agreement and
in the General Release the Claimant has agreed to completely
release and discharge the Employer from any and all future
claims, demands, obligations, etc.  Since a waiver of the
Claimant s rights based upon any future Employer actions would be
contrary to public policy, I interpret these provisions of the
agreement as being simply a waiver of the right to sue in the
future on claims or causes of action arising out of facts
occurring prior to the date of the execution of the agreement.

     As limited and construed herein, and following consideration
of the Settlement Agreement and the General Release, I find the
agreement to be fair, adequate and reasonable, and I believe it
is in the public interest to adopt the agreement as a basis for
the administrative disposition of this case.

     Therefore, I recommend dismissal of proceeding based upon
authority conferred by 29 C.F.R. Part 24.




                                   ___________________________
                                   JOEL F. GARDINER
                                   Administrative Law Judge


Dated:
Boston, Massachusetts

JFG:gcb


NOTICE:   This Recommended Order and the administrative file in
this matter will be forwarded for review by the Secretary of
Labor to the Office of Administrative Appeals, U.S. Department of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, NW, Washington, DC  20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 fed. reg. 13250 (1990).




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