DATE: August 3, 1989
CASE NO. 88-CAA-00007

IN THE MATTER OF

PAUL POLYDOROU,
    COMPLAINANT,

    v.

A. J. CLARKE MANAGEMENT CORP.¹
50 WEST 67TH STREET, INC.,
    RESPONDENTS.

BEFORE: THE SECRETARY OF LABOR

    Upon review of the settlement agreement and the entire record in this case,² I find, except for paragraph 10 of the agreement which is discussed below, that with respect to those matters arising under the Clean Air Act, the settlement terms are fair, adequate and reasonable, and would meet with my approval. I cannot approve the agreement as submitted, however, because under paragraph 10 "the terms and conditions of this Agreement are subject to the ratification and approval of the Board of Directors of 50 West." Although the President of the Board, the managing agent and the Board's attorney "warrant" that they will recommend ratification, because of this provision, the terms of the settlement remain contingent. Accordingly, I decline to approve the settlement and dismiss the case at this time. If the parties wish to resolve this case by having their settlement approved and the complaint dismissed, they should submit a final, non-contingent agreement for my review. The parties are directed to submit a non-contingent agreement or inform me that they do not wish to resolve this case by settlement within 30 days of receipt of this order.

    SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.

¹ Although the A.J. Clarke Management Corp. had been dismissed as a party-respondent (see Transcript of hearing held on February 16, 1989, at 16; Stipulation of Settlement at 3, item #3), the ALJ correctly included that corporation in the heading of this case since it is a party to and signed the Stipulation of Settlement. See Stipulation of Settlement at 2, item #1 and at 3, item #3.

² The ALJ limited the contents of the record pursuant to 29 C.F.R. § 18.9(b)(2) (1988). Under 29 C.F.R. § 24.6(b), I am required to base my final order on the entire record. My review of this agreement is, therefore, not limited to the complaint, the agreement and notice of administrative determination but includes the hearing transcript, the exhibits submitted, all pleadings and motions and other contents of the record of this proceeding.