DATE: December 23, 1996

CASE NO. 96-CAA-4

In the Matter of

PATRICK STUDER
    Complainant

    v.

RUSSELL STOVER CANDIES, INC.
    Respondent

Before: RUDOLF L. JANSEN
    Administrative Law Judge

    This case arises under the employee protection provisions of the Clean Air Act, 42 U.S.C. § 7622. By letter dated March 26, 1996, the Acting District Director notified the respondent that after investigating the complaint filed by Patrick Studer, it was concluded that discrimination was a factor in the employment actions alleged in the complaint. That finding was appealed by the respondent.

    The case was scheduled for hearing in Crossville, Tennessee but prior to the commencement of the proceeding, the parties were able to reach a negotiated settlement of all issues. The agreement has been codified, and by letter dated December 10, 1996, a document captioned Settlement Agreement was forwarded to this office for approval. The Settlement Agreement incorporates the understanding of the parties as to the basis of settlement. It is signed by the complainant, counsel for the complainant, a representative of the respondent and also by the attorney for the respondent.

    The Settlement Agreement essentially incorporates those actions recommended by the Acting District Director in her letter of March 26, 1996. The Agreement contains no provision for monetary damages. The Agreement in that regard is consistent with the Acting District Director's recommendation in that there was no wage loss during the period that the complainant was employed by the respondent.

Reference is made at paragraph 9 of the Agreement to a pending United States District Court Action which was initiated by the complainant against the respondent and which is ongoing as of the present time. The Agreement contemplates that neither party compromises any rights, claims, or defenses which they may have in that matter. My review and recommended approval of the

Settlement Agreement is limited to the settlement only of matters under laws within which the Secretary has jurisdiction. Therefore, my review is limited to a determination as to whether the terms of the Settlement Agreement are a fair, adequate and reasonable settlement of Patrick Studer's allegations concerning violation of the Clean Air Act.

    Following consideration of the Settlement Agreement, I find it to be fair, adequate and reasonable, and I believe it is in the public interest to adopt the agreement as a basis for the administrative disposition of this case.

    Therefore, I RECOMMEND DISMISSAL of this proceeding with full prejudice based upon authority conferred by 29 C.F.R. § 18.39(b).

    The Agreement contemplates payment by the respondent of reasonable attorney's fees and costs incurred by complainant's counsel in prosecuting this case. A fee petition, or an executed agreement by counsel as to a reasonable fee, should be sent to the undersigned for approval within twenty (20) days from the date of the entry of this recommended decision.

       Rudolf L. Jansen
      Administrative Law Judge

NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review to the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210. See 61 Fed. Reg. 19978 and 19982 (1996).