Date: August 5, 1998

Case No.: 98-CAA-1

In the Matter of:

CHRISTI L. FRANCIS,
    Complainant,

    against

BIRDVILLE INDEPENDENT SCHOOL DISTRICT
    Respondent.

   This case arises under the Clean Air Act (CAA) and the Toxic Substances Control Act (TSCA) alleging discriminatory discharge of Complainant, Christi L. Francis, who had filed a complaint with the U.S. Department of Labor alleging that she was terminated by Respondent, Birdville Independent School District in violation of the Acts. This matter was set for hearing for March 31, 1998. This hearing was canceled when the parties announced that they had reached a settlement of this case. On July 20, 1998, the parties forwarded a signed agreed Order of Dismissal and also forwarded a copy of a Compromised Settlement Agreement and Release. This document was appropriately signed by the parties and purports to incorporate the understandings of the parties as to the basis for settlement. A copy of this settlement is attached hereto and made a part hereof. The parties have asked that I recommend that this case be dismissed with prejudice.

   My review of the settlement agreement is limited to a determination of whether its terms are a fair, adequate and reasonable settlement of Christi L. Francis' complaints concerning violations of the Acts. The basic criteria is whether or not the settlement adequately protects the whistleblower. Virginia Electric and Power Company, 19 FERC Section 61, 333 (Federal Energy Regulatory Commission, 1982). Also, the settlement must not be contrary to the public interest. Heffley v. /NGK Metals Corp., 89-SDW-2 (Secretary, March 6, 1990).

   I recognize that the parties are represented by counsel. In reaching an agreement, the Respondent does not admit that it has broken any law or regulation.

   The compromise settlement agreement not only settles this complaint with the Department of Labor alleging violations of the whistlblower provisions but also settles the case filed in the 67th Judicial District Court of Tarrant County, Texas alleging certain claims under the Texas Whistleblower Act.

   The parties have agreed that they will keep the amount of the settlement and the terms of the contents of this agreement confidential but that they may disclose the terms of the settlement to members of the District's Board of Trustees, to District Administrators, to legal counsel and accountants, or pursuant to court order, legitimate discovery request, or governmental authorities as required by law. In addition, Complainant may make reasonable disclosure to her spouse and/or her mother.

   After consideration of the settlement and agreement and the representation of the parties, I find that this agreement is fair, adequate and reasonable. I believe that 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 prejudice based upon authority confered by 29 C.F.R. §18.39(b).

       RICHARD D. MILLS
       Administrative Law Judge

RDM/ea

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. §24.8, apetition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenu, NW, Washington, DC 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. §§24.8 and 24.9, as amended by 63 Fed Reg. 6614 (1998).