Clark v. West Linn-Wilsonville School District, 2000-TSC-5 (ALJ July 27, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue date: 27Jul2001

CASE NUMBER 2000-TSC-00005

In the Matter of

MARCIA CLARK,
    COMPLAINANT,

    v.

WEST LINN-WILSONVILLE SCHOOL DISTRICT,
    RESPONDENT.

   The above-captioned matter arises under the under the employee protection provisions of the Toxic Substances Control Act, 15 U.S.C. §2622. On July 2, 2001 the parties submitted a proposed settlement agreement that, if approved, would resolve all disputed issues, including costs and attorney's fees, and allow for the dismissal of this matter with prejudice. Supplemental information concerning the agreement was submitted by the Complainant's counsel on July 27, 2001.

   As required by the relevant regulations and statutory provisions, I have carefully reviewed the entire agreement and the supplemental information submitted on July 27. After doing so, I have concluded that the terms of the agreements are, in fact, fair, adequate and reasonable. I therefore recommend that the agreement be approved.

   Accordingly, it is recommended:

   1. That the Secretary of Labor or her designees on the Administrative Review Board approve the settlement agreement;

   2. That the claim of Marcia Clark against the above-referenced respondent be dismissed with prejudice.

       Paul A. Mapes
       Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary of Labor 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 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, as amended by 63 Fed. Reg. 6614 (1998).