DATE:  October 3, 1995
CASE NOS. 95-TSC-2
          95-TSC-13


IN THE MATTER OF 

ROBERT PLUMLEE,

          COMPLAINANT,

     v.

ALYESKA PIPELINE SERVICE COMPANY,
ARCO, ALASKA, INC.,
ARCTIC SLOPE INSPECTION SERVICES,
UDELHOVEN OIL SYSTEM SERVICES,

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
the Toxic Substances Control Act, 15 U.S.C. § 2622 (1988),
the Water Pollution Control Act, 33 U.S.C. § 1367 (1988),
the Solid Waste Disposal Act, 42 U.S.C. § 6971 (1988) and
the Clean Air Act, 42 U.S.C. § 7622 (1988).  The parties
submitted a Settlement Agreement, Release and Covenant Not to Sue
seeking approval of the settlement and dismissal of the
complaints of the above cited cases and Complainant's claims in
Richard Green, et al. v. Alyeska Pipeline Service Co. et
al, Case No. 95-TSC-13, with prejudice.  The Administrative
Law Judge (ALJ) issued a decision on Sept. 8, 1995, recommending
that the settlement be approved.  
     The request for approval is based on an agreement entered
into by the parties, therefore, I must review it to determine
whether the terms are a fair, adequate and reasonable settlement 
[PAGE 2]
of the complaint.  24 C.F.R. § 24.6.  Macktal v.
Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir.
1991); Thompson v. U.S. Dep't of Labor, 885 F.2d
551, 556 (9th Cir. 1989); Fuchko and Yunker v. Georgia
Power Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order,
Mar. 23, 1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, beyond those enumerated above. 
See Paragraphs 9 and 10.  For the reasons set forth in
Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1,
Sec. Ord., Nov. 2, 1987, slip op. at 2, I have limited my review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of the Complainant's allegations the
Respondents violated the above enumerated Acts.
     Paragraph 6 contains
language which provides that the  Complainant shall keep the
terms of the Settlement Agreement confidential.  I interpret this
language as well as the language in Paragraph 16 as not
preventing Complainant, either voluntarily or pursuant to an
order or subpoena, from communicating with, or providing
information to, State and Federal government agencies about
suspected violations of law involving the Respondent.  See
Corder v. Bechtel Energy Corp., Sec. Order, Feb. 9, 1994,
slip op. at 6-8 (finding void as contrary to public policy a
settlement agreement provision prohibiting the complainant from
communicating with federal or state agencies concerning possible
violations of law).   
     The parties' submissions, including the agreement become
part of the record of the case and are subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988).  FOIA
requires Federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.[1]   See Debose
v. Carolina Power and Light Co., Case No. 92-
ERA-14, Ord. Disapproving Settlement and Remanding Case, Feb. 7,
1994, slip op. at 2-3 and cases there cited. 
     I find that the agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaints. 
Accordingly, I APPROVE the agreement and DISMISS THE COMPLAINTS
WITH PREJUDICE.  Paragraph 2.  
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.




[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).