Berkman v. United States Coast Guard Academy, 1997-CAA-2 and 9 (ALJ Apr. 3, 2000)

U.S. Department of Labor

Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109 (617) 223-9355 (617) 223-4254 (FAX)

Date: April 3, 2000

Case No.: 1997-CAA-0002
    1997-CAA-0009

In the Matter of:

Paul Berkman
    Complainant

v.

United States Coast Guard Academy
    Respondent

   This is a proceeding under the Clean Air Act, 42 U.S.C. § 7622; the Federal Water Pollution Control Act, 33 U.S.C. § 1367; the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9610; the Solid Waste Disposal Act or Resource, Conservation and Recovery Act, 42 U.S.C. § 6971 and the Toxic Substances Control Act, 15 U.S.C. § 2622.

   An initial complaint was filed on September 19, 1996 and a second complain was filed on February 3, 1997. A formal hearing was held on August 25 - 29 and September 2 and 4, 1997 in New London, Connecticut. This Administrative law Judge then issued a Recommend Decision and Order on January 2, 1998. An appeal was taken and the Administrative Review Board issued a Decision and Remand Order on February 29, 2000. This Court then issued an Order dated March 9, 2000 advising the parties that the case had been remanded by the Administrative Review Board and giving the parties thirty (30) days to settle the matter before a reconvened hearing was scheduled. On March 29, 2000, the parties sent a copy of a settlement agreement via facsimile which has been entered into the record as JX 1.

   My review of the Settlement Agreement is limited to a determination of whether its' terms are fair, adequate and reasonable settlement of the Complainants' complaint concerning violations of the Clean Air Act. The basic criteria is whether the Settlement adequately protects the whistleblower. Further, the Settlement must not be contrary to public interest.

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

   Accordingly, it is RECOMMENDED:

   1. That the settlement agreement attached hereto be approved.

   2. That the claim of Paul Berkman against the above-captioned Respondent be dismissed with prejudice.

      DAVID W. DI NARDI
      Administrative Law Judge

Boston, Massachusetts
DWD:jd

NOTICE: This Recommended Decision and Order will automatically become the final order of the 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 Avenue, NW, 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 Order, and shall be served on all parties and on the Chief Administrative Law Judge. See, 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).