DATE: NOV 18 1997
CASE NO. 97-TSC-00004

In the Matter of

ANTHONY J. DiMARCO
   Complainant

v.

REYNOLDSTECH FABRICATORS
   Respondent

   This case arises under the Toxic Substance Control Act, 15 U.S.C. §§ 2601, et seq., and its employee protection provisions, 15 U.S.C. § 2622. A hearing was held before me on April 23, 1997, at which time the parties presented evidence and argument.

   On August 11, 1997 the parties submitted a settlement agreement. On October 28. 1997. after my several informal communications with the parties, I issued an Order Rejecting Settlement Agreement and Scheduling Post-Hearing Briefs. In essence, I rejected the settlement because it contained unacceptable nondisclosure provisions.

   On November 17, 1997 the parties submitted a new "Settlement Agreement" which does not contain any inappropriate nondisclosure provision. (Both the old and the new settlement agreements indicate they were executed by the Complainant on June 19,

1997 and by the Respondent on June 27, 1997. However, the new agreement contains original signatures. Therefore, the anomaly pertaining to the date of the new agreement is of no import.)

   Finally, it should be noted that the Complainant did not have an attorney at the hearing, but subsequently obtained counsel who participated in negotiating the settlement.

   I find that the terms of the settlement agreement submitted on November 17, 1997 constitute an appropriate settlement of this matter. Accordingly, the parties' settlement agreement is APPROVED and this case is DISMISSED.

      Robert D. Kaplan
      Administrative Law Judge

NOTICE: This Recommended Order Approving Settlement Agreement 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, 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).