U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-097
ALJ CASE NOS. 97-SDW-1
97-SDW-4
DATE: AUG 14 1997
In the Matter of:
JOHN BELIVEAU,
COMPLAINANT,
v.
NAVAL UNDERSEA WARFARE CENTER,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER DENYING INTERLOCUTORY APPEAL
Complainant in the above-captioned case has filed a Motion to Void
Settlement Agreement and Reopen Complaint, pursuant to the employee protection provisions of
one or more of the following statutes: the Toxic Substances Control Act of 1986, 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); the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9610 (1988); the Resource Conservation and
Recovery Act 42 U.S.C. §6971 (1988); the Clean Air Act, 42 U.S.C. §7622 (1988)
(collectively, the Acts); and the implementing regulations at 29 C.F.R. Part 24 (1996).
Complainant's instant allegations apparently concern his contention that the
captioned Respondent breached a June 15, 1995 "Memorandum of Agreement and
Settlement" (Settlement). The Settlement was entered by the parties to resolve an
environmental whistleblower complaint (No. 95-107-05043) that Complainant had filed with the
United States Department of Labor's Wage and Hour Division on February 7, 1995; Complainant
supplemented his complaint on February 15, 1995. Complainant's Motion at 3. The Settlement was
reached prior to completion of the Wage and Hour Division's investigation and Complainant
withdrew his complaint. Id. at 3-4. Given the administrative stage at which the Settlement was
reached, neither an Administrative Law Judge (ALJ) nor the Secretary1 of Labor reviewed or approved the Settlement.
[Page 2]
1On April 17, 1996, a Secretary's Order
was signed delegating jurisdiction to issue final agency decisions under the employee protection
provisions of the Acts, their implementing regulations,certain other statutes, and an executive order
to the Administrative Review Board. Secretary's Order 2-96 (Apr. 17, 1996), 61 Fed. Reg. 19978
(May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order,
and regulations under which the Administrative Review Board now issues final agency decisions.
Final procedural revisions to the regulations (61 Fed. Reg. 19982), implementing this reorganization
were also issued on May 3, 1996.
2We, accordingly, refer
Complainant's submissions to the Board to the Occupational Safety and Health Administration for
action consistent with this Order Denying Interlocutory Appeal.