U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
Date Issued: June 12, 1991
Case No: 91-SWD-3
In the Matter of
THOMAS RHODE,
Complainant,
v.
CITY OF WEST LAFAYETTE, INDIANA
Respondent
Before: Daniel G. Rokettenetz
Administrative Law Judge
RECOMMENDED DECISION AND ORDER APPROVING
SETTLEMENT AGREEMENT
This matter is before the undersigned
pursuant to the Solid Waste Disposal Act,
42 U.S.C. 6971, the implementing
regulations at 20 C.F.R. Part 24 and the
Rules of Practice and Procedure before
the Office of Administrative Law Judges
at 29 C.F.R. Part 18.
At the request of the parties, a
settlement conference was conducted by
the undersigned on June 6, 1991 at
Indianapolis, Indiana. At the conference
the parties reached a mutual resolution
of the issues in dispute between them.
On June 7, 1991 the parties submitted for
approval an executed Settlement Agreement
and Release. I have reviewed the
proposed Settlement Agreement and Release
and find that it is in accord with the
desires of the parties as expressed to me
at the settlement conference. Moreover,
I find that the proposed Settlement
Agreement and Release would be in the
best interests of the Complainant and
resolution of this matter effectuates the
purposes and policies of the
statute under which the proceeding
arises.
Having duly considered the matter,
I make the following findings of
fact and conclusions of law:
1. This Recommended Decision and
Order Approving Settlement Agreement
shall have the same force and effect
as an order made after a full
evidentiary hearing;
2. The entire record in this case
shall consist solely of the
Complaint, amended Complaint, Order
of Reference and the Settlement
Agreement and Release;
3. The parties are deemed to have
waived any further procedural steps
before the undersigned
Administrative Law Judge; and,
4. The parties are deemed to have
waived any right to challenge or
contest the validity of this
Recommended Decision and Order
entered in accordance with the
Settlement Agreement and Release.
RECOMMENDED ORDER
1) IT IS ORDERED, that the Settlement Agreement and Release be, and
it
hereby is, APPROVED.
2) IT IS FURTHER ORDERED, in accordance with the agreement of the
parties, that the proceedings in this matter be, and they hereby are, DISMISSED, with
prejudice.
3) IT IS FURTHER ORDERED, that the hearing heretofore scheduled in
this matter be, and it hereby is, CANCELLED.