Rummell v. Westgate Group Apartments, 1999-CAA-3 (ALJ June 11, 1999)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

DATE: June 11, 1999

CASE NO. 1999-CAA-3

In the Matter of

REBECCA I. RUMMELL, et. al.
    Complainants

    v.

WESTGATE GROUP APARTMENTS
    Respondent

   On July 29, 1998, Complainants filed a complaint with the Occupational Safety and Health Administration, U.S. Department of Labor, alleging discrimination and retaliation for protected activity under the Clean Air Act (CAA) at 42 U.S.C. § 7622. The Occupational Safety and Health Administration investigated Complainants' allegations and, by letter dated October 30, 1998, William D. Seguin, Regional Supervisor, determined that based on the evidence reviewed, discrimination was a factor in the actions comprising Complainants' complaint.

   On November 16, 1998, Respondent filed a request for a hearing before the Department of Labor's Office of Administrative Law Judges (OALJ). The trial was set for April 6, 1999 through April 9, 1999 in Pittsburgh, Pennsylvania. On April 6, 1999, the parties announced in open Court that a settlement had been reached. They were permitted time in which to submit a written settlement agreement. By letter dated June 1, 1999, the parties submitted said agreement. 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 claims of Rebecca I. Rummell and Janice J. Fordyce against the above-captioned respondent be dismissed with prejudice.

       MICHAEL P. LESNIAK
       Administrative Law Judge

MPL:mr

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).