ARB CASE NO. 97-002
ALJ CASE NO. 96-SWD-1
DATE: April 17, 1997

In the Matter of:

MIKE A. UZETA
    COMPLAINANT,

    v.

OASIS AVIATION, INC.
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

    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.

    The request for approval is based on an agreement entered into by the parties, therefore, we must review it to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. 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. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.

    We find that the agreement, as so construed, is a fair, adequate, and reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and DISMISS THE COMPLAINT WITH PREJUDICE.

   SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member