DATE: MAY 29, 1997
CASE NO: 97-TSC-I

In the Matter of:

ROBERT GLEN PLUMLEE
    Complainant

    v.

BRAZOS PIPE & STEEL FABRICATORS
    Respondent

   This case arises under the employee protection provisions of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2622, et seq., and its implementing regulations 29 C.F.R. § 24 et seq. On October 9, 1996, the Regional Supervisor, U.S. Department of Labor, Occupational Safety and Health Administration, notified the Complainant that it did not appear that he had engaged in protected activity nor was discrimination a major contributing factor to his separation from the company

   Complainant timely requested a hearing, and a hearing was scheduled for May 6, 1997, in Houston, Texas. However, prior to the scheduled hearing date, counsel advised that they had reached a settlement agreement which was being reduced to writing and would be submitted for approval by the Secretary of Labor. A duly executed settlement agreement has now been submitted. It is appended hereto and is incorporated herein by reference.

   I find the agreement to be fair, adequate and reasonable, and I believe that it is in the public interest to adopt the agreement as a basis for the administrative disposition of this case. Accordingly, I recommend that the settlement be approved and that the case be dismissed with prejudice.

       Michael P. Lesniak
       Administrative Law Judge

MPL/cls/bg

NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor to the Administrative Review Board U.S. Department of Labor, Room S-4309, Frances Perkins Bldg., 200 Constitution Avenue, N.W., Washington, D.C. 20210. The Administrative Review Board 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).