DATE: April 26, 1990
CASE NO. 88-TSC-1

IN THE MATTER OF

RANDY MONTOYA,
    COMPLAINANT,

    v.

VANCOUVER EXTRUSION COMPANY, INC.,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    On January 21, 1990, Administrative Law Judge (ALJ) Thomas Schneider issued a Recommended Order of Dismissal in this case which arises under the employee protection provisions of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2622, and the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971 (1982), and the Department's implementing regulations at 29 C.F.R. Part 24 (1989). I have held in these cases that "it is error for the ALJ to dismiss a case without reviewing the settlement and making a recommendation of whether the settlement is fair, adequate and responable." Fuchko and Yunker v. Georgia Power Co., Case Nos. 89-ERA-9, 10, Secretary's Order to Submit Settlement Agreement issued March 23, 1989, at 1-2. Judge Schneider, acting in conformance with my holding, has reviewed the Settlement Agreement submitted and signed by the parties, has determined that it is reasonable and has forwarded his recommendation.

    Review of the agreement reveals that it appears to encompass the settlement of matters other than claims arising under the TSCA. As stated in Poulos v. Ambassadors Fuel Oil Co., Inc., Case No. 86-CAA-1, Secretary's Order, issued November 2, 1987, slip op. at 2:

[The Secretary's] authority over settlement agreements is limited to such statutes as are within [the Secretary's] jurisdiction and is defined by the applicable statute. See Aurich v. Consolidated Edison Company of New York Inc., Case No. [86-]CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987; Chase v. Buncombe County, N.C., Case No. 85-SWD-4, Secretary's Decision and Order or Remand, issued November 3, 1986.

I have, therefore, limited my review of the agreement to determining whether its terms represent a fair, adequate and reasonable settlement of Complainant's allegation that Respondent violated the TSCA and the SWDA.

    Upon review of the terms of the agreement signed by the parties, I find that it is fair, adequate and reasonable. I accept the ALJ's recommendation that the settlement be approved and the case be dismissed.

    SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.