Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
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Issue date: 11Jul2002
CASE No.: 2001-CAA-14
In the Matter of:
RAYMOND L. SCHLAGEL.
Complainant
v.
NOVEON
(Formerly BF Goodrich),
Respondent.
RECOMMENDED DECISION AND ORDER APPROVING AGREEMENT AND RELEASE
The above-captioned case arises under the Clean Air Act, 42 U.S.C. § 7622, 29 C.F.R. Part 24.
A complaint was filed in the above referenced case and then dismissed by OSHA on February 19, 2002. The Complainant objected to these findings and requested a hearing. A hearing was scheduled by the undersigned to be held on June 24, 2002, in Cincinnati, Ohio. On June 19, 2002, Kenneth B. Stark, Counsel for Respondent, submitted a Motion to Dismiss, along with an Agreement and Release, informing the undersigned the case has been settled, and that the parties are dismissing their claims with prejudice.
The parties have submitted an Agreement and Release for consideration and approval by the undersigned. I have reviewed the agreement and I enter the following findings:
1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
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3. The entire record on which this Decision and Order is based consists solely of the Complaint and the Agreement and Release between the parties; and
4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject to their Agreement.
Based on the foregoing, and in accordance with the agreement of the parties,
IT IS ORDERED that:
1. The hearing scheduled in this case for June 24, 2002 is CANCELLED;
2. The Agreement and Release be, and it hereby is APPROVED; and
3. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.
THOMAS F. PHALEN, JR.
Administrative Law Judge
NOTICE:
This Recommended Decision and Order will automatically become the final order of Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., N.W., Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. § 24.7(d) and 24.8.
