DATE:  August 21, 1995
CASE NO. 95-SWD-2


IN THE MATTER OF

CARL FLETCHER,

          COMPLAINANT, 

     v.

TRAVI CONSTRUCTION CORP.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision of
the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971
(1988).  The Administrative Law Judge (ALJ) issued a recommended
order of dismissal of the complaint on July 12, 1995.
     The parties have submitted a Settlement Agreement and seek
approval of the Agreement and dismissal of the complaint. 
Because the request for approval is based on an agreement entered
into by the parties, I must review it to determine whether the
terms are a fair, adequate and reasonable settlement of the
complaint.  29 C.F.R. § 24.6(b); 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. Ord., Mar. 23,
1989, slip op. at 2. 
     The Agreement appears to encompass the settlement of matters 
beyond those encompassed by the SWDA.  See
Agreement Paragraphs 5 and 7.  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 
[PAGE 2]
determining whether its terms are a fair, adequate and reasonable
settlement of Complainant's allegations that Respondent violated
the SWDA.  
     I find that the Agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint. 
Accordingly, I APPROVE the settlement and DISMISS the complaint
with prejudice.  Agreement Paragraph 5.
     SO ORDERED.




                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.