U.S. Department of Labor Office of Administrative Law Judges
7 Parkway Center
875 Greentree Road, Room 290
Pittsburgh, PA 15220
412 644-5754
DATE: MARCH 14, 1997
CASE NO: 96-SWD-3
In the Matter of:
JOHN JONES, JR.
Complainant
v.
ASHTABULA TOWNSHIP PARK COMMISSION
Respondent
Before: MICHAEL P. LESNIAK
Administrative Law Judge
ORDER RECOMMENDING APPROVAL OF SETTLEMENT AND DISMISSAL OF THE COMPLAINT WITH PREJUDICE
This case arises under the employee protection provisions of the Solid
Waste Disposal Act, 42 U.S.C. § 1367 (1988). Complainant filed a complaint with the
Wage and Hour Division, Department of Labor, on July 30, 1996 and following an investigation,
the Wage and Hour Division determined that his termination was unrelated to any contact or
threatened contact with the Environmental Protection Agency. The Complainant timely
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requested a hearing and, pursuant to the agreement of counsel, such proceeding was scheduled
for January 9, 1997 at a location to be announced. However, prior to the scheduled hearing date,
counsel advised that they had reached a settlement agreement which was being reduced to
writing and would be submitted for approval by the Secretary of Labor. Consequently, the
hearing was cancelled by Order dated January 7, 1997. A duly-executed settlement agreement
has now been submitted. It is appended hereto and is incorporated herein by reference.
Both parties to this proceeding have received independent counsel. I find
the agreement to be fair, adequate and reasonable, and I believe that it is in the public interest to
adopt the agreement as a basis for the administrative disposition of this case. Accordingly, I
recommend that the settlement be approved and that the case be dismissed with prejudice.
Michael P.
Lesniak
Administrative
Law Judge
NOTICE: This Recommended Order and the administrative file in this matter will be
forwarded for review by the Secretary of Labor to the Office of Administrative Review Board,
U.S. Dept. Of Labor, Rm. S-4309, Frances Perkins Bldg., 200 Constitution Ave., N.W.,
Washington, D.C. 20210. The Administrative Review Board has the responsibility to advise and
assist the Secretary in the preparation and issuance of final decisions in employee protection
cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed.
Reg. 13250 (1990).
