DATE: July 3, 1995
CASE NO. 91-SWD-2
IN THE MATTER OF
PAULA D. NATHANIEL,
COMPLAINANT,
v.
WESTINGHOUSE HANFORD COMPANY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provisions of
the Solid Waste Disposal Act, 42 U.S.C. § 6971 (1988); the
Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9610 (1988), and the Clean Air Act, 42
U.S.C.
§ 7622 (1988). On February 1, 1995, I issued a Decision and
Order in the case, inter alia, directing submission of any
petition for costs and expenses, including attorney fees,
incurred in bringing the complaint. On May 15, 1995, the parties
submitted a Joint Request for Approval of Stipulated Settlement
and a Settlement Agreement in resolution of the outstanding
issues. The parties have supplemented the Joint Request to
include an agreement as to costs. Complainant has certified that
she consents to the settlement.
Upon examination of this documentation, I find that the
parties' agreement is a fair, adequate and reasonable settlement
of these issues. Macktal v. Secretary of Labor, 923 F.2d
1150, 1153-1154 (5th Cir.1991); Thompson v. U.S. Dep't of
Labor, 885
[PAGE 2]
F.2d 551, 556 (9th Cir. 1989); Fuchko and Yunker v. Georgia
Power Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Ord., Mar. 23,
1989, slip op. at 1-2. Accordingly, the agreement is approved,
and the complaint IS DISMISSED.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, DC