DATE:  August 4, 1995
CASE NO. 94-CAA-15


IN THE MATTER OF 

DON A. WEST,

          COMPLAINANT,

     v.

SYSTEMS APPLICATIONS INTERNATIONAL,

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision of
the Clean Air Act, 42 U.S.C. § 7622 (1988).  The parties
submitted a Settlement Agreement and Release seeking approval of
the settlement and dismissal of the complaint with prejudice. 
The Administrative Law Judge (ALJ) issued a decision on July 12,
1995, recommending that the settlement be approved.  
     The request for approval is based on an agreement entered
into by the parties, therefore, I must review it to determine
whether the terms are a fair, adequate and reasonable settlement
of the complaint.  24 C.F.R. § 24.6.  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,
Mar. 23, 1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, beyond those enumerated above. 
See ¶ 5, page 1; ¶ 1, page 4.  For the reasons set
forth inPoulos v. Ambassador Fuel Oil Co., Inc.,
Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at 2,
I have limited my review of the 
[PAGE 2]
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of the Complainant's allegations the
Respondent violated the above enumerated Acts.
     Paragraph 6, page 5,
contains language which provides that the Complainant shall keep
the terms of the Settlement Agreement confidential.  I interpret
this language as not preventing Complainant, either voluntarily
or pursuant to an order or subpoena, from communicating with, or
providing information to, State and Federal government agencies
about suspected violations of law involving the Respondents. 
See Corder v. Bechtel Energy Corp., Sec. Order, Feb. 9,
1994, slip op. at 6-8 (finding void as contrary to public policy
a settlement agreement provision prohibiting the complainant from
communicating with federal or state agencies concerning possible
violations of law).   
     The parties' submissions, including the agreement, become
part of the record of the case and are subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988).  FOIA
requires federal agencies to disclose requested records unless
they are exempt from disclosure under the Act.[1]   See Debose
v. Carolina Power and Light Co., Case No. 92-
ERA-14, Ord. Disapproving Settlement and Remanding Case, Feb. 7,
1994, slip op. at 2-3 and cases there cited. 
          I find that the agreement, as here construed, is a
fair, adequate and reasonable settlement of the complaint. 
Accordingly, I APPROVE the agreement and DISMISS THE COMPLAINT
WITH PREJUDICE.  Paragraph 3, page 3.  
     SO ORDERED.

                         ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.


[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).