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Nochumsen v. Los Alamos National Laboratory, 92-CAA-1 (Sec'y Feb. 14, 1995)


DATE:  February 14, 1995
CASE NO. 92-CAA-1 


IN THE MATTER OF

DAVID NOCHUMSON,

          COMPLAINANT,

     v.

LOS ALAMOS NATIONAL LABORATORY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                FINAL ORDER APPROVING SETTLEMENT AGREEMENT
                            AND DISMISSING CASE

     This case, which is before me for review, arises under the
employee protection provisions of the Clean Air Act, 42 U.S.C. 
§ 7622 (1988).  On September 22, 1994, the Administrative
Law Judge issued his Recommended Decision and Order (R.D. and
O.).  On October 22, 1994, the Director of the Office of
Administrative Appeals issued a briefing schedule on that
recommended decision.  On November 25, 1994, the parties
submitted a Joint Stipulated Motion for Continuance, which
asserted that the parties were very close to reaching a
settlement, and that such a settlement could be reached in a
timely manner.  I granted a continuance.  

     On January 18, 1995, the parties submitted a Joint
Stipulated Request for Order Approving Settlement and Dismissal
with Prejudice together with a Settlement and Release Agreement.
I have carefully reviewed the terms of the parties' agreement and
release.  I find the terms of the agreement to be fair, adequate,
and reasonable, and therefore approve the Settlement and Release
Agreement.  Accordingly, this case is DISMISSED WITH PREJUDICE. 
See Joint Stipulated Request at 2.

     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.




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