McLaughlin v. Federal Research, Inc., 1997-TSC-7 (ALJ June 11, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Date: June 11, 1999

Case No. 1997-TSC-7

In the Matter of

BOYD L. McLAUGHLIN,
    Complainant

    v.

FEDERAL RESEARCH, INC.,
    Respondent

Eric Fjelstad, Esq.
    Smith, Fjelstad & Amato
    1550 N. W. Eastman Parkway, Suite 180
    Gresham, OR 97030
       For Complainant

Jon G. Hongladarom, Esq.
    Foster Pepper & Shefelman
    1111 Third Avenue, Suite 3400
    Seattle, WA 98101
       For Respondent

Before: ALFRED LINDEMAN
    Administrative Law Judge

   Prior to the date set for hearing in this matter under the Toxic Substances Control Act, 15 U.S.C. §2622, and the Solid Waste Disposal Act, 42 U.S.C. §6971, the parties notified this office that they had settled the matter and thereafter, under cover letters dated May 24 and June 8, 1999, filed, respectively, an executed "Stipulation and Order of Dismissal" and "Settlement Agreement and Mutual and General Release of All Claims."

   Having fully considered the terms of the settlement agreement, including the fact that it provides payment to complainant in an amount that comports with the remedy set forth by the September 2, 1997, letter of notification from Gerald L. Wilson, District Director, U. S. Department of Labor, Wage and Hour Division, it is determined that the settlement is fair, adequate and reasonable. It is therefore recommended that it be ORDERED that the complaint be DISMISSED with prejudice and without costs to any party. See 29 C.F.R. Part 24; Fletcher v. Travi Construction Corp., 95-SWD- 2 (Secretary, August 21, 1995).

      ALFRED LINDEMAN
      Administrative Law Judge

San Francisco, California
AL:ms

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).