Date: March 17, 1995
Case No.: 94-TSC-8
In the Matter of:
LAURIE ASHBY,
Complainant
v.
ALYESKA PIPLEINE SERVICE CO.,
Respondent
RECOMMENDED ORDER APPROVING SETTLEMENT
AND DISMISSING CASE
This proceeding arises under the provisions of the Toxic
Substance Control Act of 1976, 15 U.S.C. §2622, the Water
Pollution Control Act, 33 U.S.C. §1367, the Clean Air Act,
42 U.S.C. §7622, and the Solid Waste Disposal Act, 42 U.S.C.
§6971, and implementing regulations found at 29 C.F.R. Part
24.
A complaint based on the same set of facts was filed in
April, 1994 by complainant Laurie Ashby against her employer,
Ocean Technology, Ltd. and Alyeska Pipeline Service Company. In
May, 1994, Ms. Ashby settled her claims against the employer,
Ocean Technology, Ltd. Ms. Ashby was returned to work by Ocean
Technology and paid attorney's fees pursuant to a settlement
agreement entered into on May 19, 1994.
The only issue in the present case relates to payment of
Ashby's attorney's fees by Alyeska.
The parties have filed a joint motion seeking approval of a
settlement agreement. The Settlement Agreement is incorporated
by reference and attached hereto.
It appearing that the settlement agreement is fair, adequate
and reasonable, it is hereby recommended that the Secretary of
Labor approve the settlement and enter an order dismissing this
proceeding with prejudice.
THOMAS M. BURKE
Administrative Law Judge