U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-121
ALJ CASE NO. 97-CAA-11
DATE: JUL 23 1997
In the Matter of:
DELMAS E. GREENELTCH,
COMPLAINANT,
v.
OHIO VALLEY MEDICAL
CENTER,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER
This case arises under the Clean Air Act (CAA), 42 U.S.C. § 7622
(1988). The parties submitted an Agreement and General Release seeking approval of the settlement
and dismissal of the complaint. The Administrative Law Judge (ALJ) issued a Recommended Order
of Dismissal on July 1, 1997 approving the settlement.
Paragraph 2 of the agreement indicates that Respondent will pay a specified
amount to Complainant. There is no indication as to the amount of money to be paid to
Complainant's attorney pursuant to the proposed settlement. The Board must know the amount
Complainant's attorney will receive in order to determine if the settlement agreement is fair, adequate
and reasonable. This amount affects not only the Complainant's individual interest, but impacts on
the public interest as well, because if the amount is not fair, adequate and reasonable, other
employees may be discouraged from reporting safety violations. SeePlumlee v. Alyeska
Pipeline Service Co., 92-TSC-7, Sec. Dec. and Order, Aug. 6, 1993, slip op. at 5; Biddy v.
Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Order, May 31, 1996, slip
op. at 1-2.
The parties are required to file a joint response to this Order within ten (10)
days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit the
required information within ten (10) days from the issuance of this Order. Respondents may submit
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a response within fifteen (15) days of the issuance of this Order.
Docket entries for this matter shall be filed by directing submissions to the
attention of the undersigned at:
Administrative Review Board
United States Department of Labor
200 Constitution Avenue, N.W.
Room S-4309
Washington, D.C. 20210
