Griffith v. Lassen Municipal Utility District, 1992-TSC-3 (ALJ Apr. 11, 2000)

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)

April 11, 2000

Case Number: 1992-TSC-3

In the Matter of

RICHARD GRIFFITH,
    Complainant,

v.

LASSEN MUNICIPAL UTILITY DISTRICT,
    Respondent.

   The above-captioned matter arises from a complaint filed under the employee protection provisions of the Toxic Substances Control Act, 15 U.S.C. § 2622. On July 28, 1992, proceedings in the matter were stayed until such time as potential criminal charges against the Complainant were resolved or, alternatively, the Complainant no longer wished to invoke his Fifth Amendment right against self-incrimination as a basis for refusing to comply with the Respondent's discovery requests.

   On April 7, 2000, the parties submitted an Agreed Order of Dismissal in which they jointly represented that they have decided that further legal actions against one another on this matter are not necessary. It was further represented that the parties have therefore mutually agreed that the Complainant will dismiss his complaint under the Toxic Substances Control Act and that the Respondent will dismiss the civil action now pending against the Complainant in Lassen County Superior Court.

   As required by the relevant regulations and statutory provisions, I have carefully considered the foregoing agreement. After doing so, I have concluded that the terms of the agreement are, in fact, fair, adequate and reasonable. I therefore recommend that the agreement be approved and that the complaint in this case be dismissed.

   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 complaint of Richard Griffith against the Lassen Municipal Utility District 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).