Studer v. Russell Stover Candies, Inc., ARB No. 97-035, ALJ No. 1996-CAA-4 (ARB Jan. 16, 1997)

U.S. Department of Labor

Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210

ARB CASE NO. 97-035
ALJ CASE NO. 96-CAA-4
DATE: January 16, 1997

In the Matter of:

PATRICK STUDER,
    COMPLAINANT,

    v.

RUSSELL STOVER CANDIES, INC.,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

   This case arises under the Clean Air Act (CAA), 42 U.S.C. § 7622 (1988). The parties submitted a Confidential Settlement Agreement and General Release to the Administrative Law Judge (ALJ) seeking approval of the settlement and dismissal of the complaint. The ALJ issued a Recommended Order of Dismissal on December 23, 1996 approving the settlement.

   The Board requires that all parties requesting settlement approval of cases arising under the employee protection provisions of the CAA provide the settlement documentation for any other alleged claims arising from the same factual circumstances forming the basis of the federal claim, or to certify that no other such settlement agreements were entered into between the parties. Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Final Order Approving Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3. Therefore, prior to approving the settlement, the parties are directed to provide the specified additional settlement documentation or certification.

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order, and regulations under which the Administrative Review Board now issues final agency decisions. Final procedural revisions to the regulations implementing this reorganization were also promulgated on that date. 61 Fed. Reg. 19982.