ORDER
This case arises under the Solid Waste Disposal Act (SWDA), 42 U.S.C.
§ 6971 (1988). The parties have submitted a Memorandum of Settlement seeking approval of
the settlement and dismissal of the complaint.
No copy of the settlement agreement was submitted to the Administrative Law
Judge and, therefore, it was not reviewed prior to the issuance of his recommended order. The
parties are hereby ordered to submit their settlement agreement for review to the Board, as it would
be error to dismiss a case without reviewing the agreement to determine whether it is a fair, adequate
and reasonable settlement. See 29 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. 89ERA-9,
89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
The Board also requires that all parties requesting settlement approval of cases
arising under the employee protection provisions of the SWDA provide the settlement
documentation for any other alleged claims arising from the same factual circumstances forming the
basis of the federal claim, or to certify that no other such settlement agreements were entered into
between the parties. Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109,
97-015, Final Order Approving Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3.
The parties are required to file a joint response to this Order within ten (10)
days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit the
required information within ten (10) days from the issuance of this Order. Respondent may submit
a response within fifteen (15) days of the issuance of this Order.
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
JOYCE D. MILLER
[ENDNOTES]
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