DATE: JUN 24 1992
Case No.: 92-TSC-9

In the Matter of:

Grover A. Glatfelter
    Complainant

    v.

New England Medical Center Hospitals, Inc.
    Respondent

APPEARANCES:

David W. Downes, Esq.
    For the Complainant

David J. Kerman, Esq.
    For the Respondent

Before: Martin J. Dolan, Jr.
    Administrative Law Judge

    This proceeding arises under the provisions of the Toxic Substances Control Act, 15 U.S.C. Section 2622, and the Energy

Reorganization Act of 1974, 42 U.S.C. Section 5851, and implementing regulations found in 29 C.F.R. Part 24. A hearing in this case matter was scheduled for June 9, 1992. Prior to the hearing, counsel for the parties advised that they had formulated and reached a settlement which would dispose of the outstanding issues which were presented for adjudication. Counsel subsequently furnished a written agreement dated June 9, 1992 which conciliates the matters in controversy and is signed by Grover A. Glatfelter, the Complainant, his attorney, David W. Downes, and on behalf of the corporate respondent, Larry L. Smith, Jr., General Counsel and Assistant Secretary, and David J. Kerman, outside counsel for the respondent.

    I have reviewed the terms of the settlement agreement and I determine that the settlement is fair, adequate and reasonable. Accordingly, it is Recommended that the Secretary of Labor approve the settlement and enter an order dismissing this proceeding with prejudice.

       MARTIN J. DOLAN, JR.
       Administrative Law Judge

Dated: JUN 24 1992
Boston, Massachusetts
MJD:dr