DATE:  September 1, 1994 
CASE NO.  94-TSC-0006

IN THE MATTER OF

TODD RALSTON
     COMPLAINANT

     v.

NATIONAL PRINTING PLATE COMPANY
     RESPONDENT

Appearances:

     Mike Kendall, Esq., Esq.
          For Complainant

     Todd M. Nierman, Esq.
          For the Respondent

Before:   PAUL H. TEITLER
          Administrative Law Judge


                   RECOMMENDED DECISION AND ORDER 
                       APPROVING SETTLEMENT

     In this claim for compensation under the Toxic Substances Control Act, 15 U.S.C.
§2601, et seq. (1977) and its implementing regulations found
at 29 C.F.R. Part 24 which was heard on August 23 and 24, 1994, the parties have agreed to
a settlement.  A detailed settlement agreement signed by the Complainant, Respondent and all
counsel (designated as Joint Exhibit 1) has been presented to the undersigned and the parties
have requested that the settlement agreement be submitted to the Secretary of Labor for his
approval as set forth:

     This Settlement Agreement ("Agreement") is made by and between Todd D. Ralston
("Ralston") and National Printing Plate Company ("National").

                              Recitals


[PAGE 2]
     A.   On June 17, 1994, Ralston filed a complaint with the United States Department
of Labor alleging discriminatory employment practices in violation of the Employee Protection
Provisions of the Toxic Substance Control Act ("Action").  National denies Ralston's allegations. 
The matter was set for a hearing on August 23 and 24, 1994, before Administrative Law Judge
Paul Teitler.

     B.   To terminate the Action and to avoid the costs and expenses of litigation, National
is prepared to make a cash payment to Ralston.  Ralston desires to compromise and settle his
claims against National, and is prepared to dismiss the Action and to release and discharge
National in connection therewith.

                             Agreement

     In consideration of the matters set forth in the Recitals, the terms of the Agreement, and
other good and valuable consideration, Ralston and National agree as follows:

     1.   National will pay Ralston the sum of Eighteen Thousand Dollars ($18,000) for
the full and complete settlement of the Action.  The settlement payment is in part compensatory
damages ($13,000) and in part attorneys' fees ($5,000), and not back wages.  The payment shall
be made within seven (7) days of this Agreement's execution.  Payment shall be made by hand
delivering to Ralston's legal counsel, Michael Kendall, a check payable to Ralston and Kendall.

     2.   National agrees to provide Ralston with a letter of recommendation, and Ralston
acknowledges receipt of said letter, a copy of which is attached to the Settlement Agreement and
labeled as Exhibit A.  All inquiries regarding Ralston's employment will be directed to Greg
Medcalf, who will provide only the information contained in Exhibit A in response to reference
requests.

     3.   National does not admit that it, or any of its employees or representatives, have
violated any law or committed any wrongful act.

     4.   Ralston waives reinstatement to employment with National.

     5.   The parties agree to keep the terms of this Agreement confidential, and that if
asked by anyone, they will respond only that the matter has been resolved.

     I have carefully considered the facts involved in this case and the difficult legal and
factual questions in dispute, as well as the criteria set forth in 29
C.F.R. Part 24.  Upon careful evaluation of same, I conclude that
the settlement is fair and in the best interest of the Complainant.  Moreover, I find that the
Settlement was arrived at without duress, and only after full exploration by the parties of all
issues in dispute and the difficult legal and factual questions involved.  Pursuant to the
implementing regulations at 29 C.F.R. Part 24, I find that the
settlement is fair, reasonable and adequate.  I recommend that the Secretary of Labor approve
the settlement.

     I find that the attorney's fee sought of $5,000.00 is reasonably commensurate with the
necessary work performed, the complexity of the legal issues involved, the quality of the 
[PAGE 3]
representation and the results obtained.  I recommend that the Secretary of Labor approve the
attorney's fees.  

     Pursuant to 29 C.F.R. Part 24.6 IT IS RECOMMENDED THAT the
settlement be APPROVED.

     IT IS FURTHER RECOMMENDED THAT THE complaint in this case
be DISMISSED with prejudice.



                                        _________________________
                                        PAUL H. TEITLER
                                        Administrative Law Judge

Dated:   September 1, 1994
PHT:abr



NOTICE:  This Recommended Decision and 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 Ave., 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).