DATE: August 5, 1994
CASE NO. 89-SDW-3
IN THE MATTER OF
ALVIN L. BUSH,
COMPLAINANT,
v.
OLYMPUS TERRACE SEWER DISTRICT,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT
The captioned case arises under the employee protection
(whistleblower) provision of the Safe Drinking Water Act (SDWA),
42 U.S.C. § 300j-9(i) (1988). Before me for review is the
Recommended Decision and Order (R.D. and O.) issued by the
Administrative Law Judge (ALJ) on December 7, 1989. In his R.D.
and O., the ALJ recommends that a settlement reached by the
parties be approved. In response to an Order issued on June 6,
1994, Respondent, on July 11, 1994, submitted documentation in
the form of a March 1990 "Agreement" demonstrating the parties'
informed consent to the settlement. Accordingly, upon review
of the case record in its entirety, including, among other
documents, the ALJ's R.D. and O., its appended motion, affidavit,
and memorandum, and the agreement submitted by Respondent, I find
that the terms of settlement agreed upon by the parties are fair,
adequate, and reasonable to settle Complainant's allegations that
Respondent violated the SDWA, Macktal v. Secretary of
Labor, 923 F.2d 1150, 1153-1154 (5th Cir. 1991); Thompson
v. U.S. Department of Labor, 885 F.2d 551, 556 (9th Cir.
1989), and I approve them. Accordingly, the complainant in this
case IS DISMISSED.
SO ORDERED.
[PAGE 2]
ROBERT B. REICH
Secretary of Labor
Washington, D.C.