Date Issued: January 7, 1999

Case No: 1998-CAA-15

In the Matter Of

NATHANIEL JONES,
    Complainant,

    v.

EVERGREEN PAINTING STUDIOS,
    Respondent.

   This proceeding involves a complaint field by Nathaniel Jones on June 11, 1998 with the U.S. Department of Labor, Occupational Safety and Health Administration regarding his termination by Evergreen Painting Studios. It arises under Section 7622 of the Clean Air Act (CAA) [42 U.S.C. § 7622] and the regulations promulgated at 29 C.F.R. Part 24. In accordance with my order of December 7, 1998, the parties on January 4, 1999 submitted for approval a properly executed settlement agreement and general release, a copy of which is attached to and made a part of this decision.

   This Recommended Decision and Order will constitute the final order of the Secretary of Labor unless appealed to the Administrative Review Board. 29 C.F.R. § 24.7 (1998). Therefore, it is my responsibility to determine whether the terms of the settlement agreement are a fair, adequate and reasonable settlement of the complaint. See 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. Order, March 23, 1989, slip op. at 1-2.

   The settlement agreement and general release encompasses the settlement of matters under laws other than CAA. See Settlement Agreement and General Release ¶ 7. As explained by the Administrative Review Board in Poulos v. Ambassador Fuel Co. Inc., Case No. 86-CAA-1, Sec. Order, Nov. 2, 1987, slip op. at 2:

[The Secretary's] authority over settlement agreements is limited to such statutes as are within [the Secretary's] jurisdiction and is defined by the applicable statute. See Aurich v. Consolidated Edison Co. of New York, Inc., Case No. [86-] CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987; Chase v. Buncombe County, N.C., Case No. 85-SWD-4, Secretary's Order on Remand, issued November 3, 1986.

I have therefore limited my review of the settlement agreement and general release to determine whether the terms are a fair, adequate and reasonable settlement of complainant's allegations that the respondent violated CAA and other Federal employee protection statutes under my jurisdiction.

   After carefully reviewing the settlement agreement and general release, I find that the terms of the agreement set forth a fair, adequate and reasonable settlement of the complaint involved in this proceeding. Therefore, IT IS HEREBY RECOMMENDED that the settlement agreement and general release is approved and that the complaint involved in this proceeding is dismissed.

       DONALD W. MOSSER
       Administrative Law Judge

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, 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. §§ 24.8 and 24.9 (1998).