DATE:  January 26, 1995
CASE NO. 94-SWD-2


IN THE MATTER OF

CHARLES COLEY,

          CLAIMANT,

     v.

JIM LINEBERGER GRADING 
AND PAVING,

          EMPLOYER.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT

     Before me for review is the Recommended Decision and Order
Approving Settlement and Dismissing Complaint issued December 30,
1994, by the Administrative Law Judge (ALJ) in this case, under
the employee protection provision of the Solid Waste Disposal Act
(SWD). 42 U.S.C. § 6971 (1988).  The ALJ found the agreement
fair, adequate and reasonable, see Fuchko and Yunker v.
Georgia Power Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order,
Mar. 23, 1989, slip op. at 1-2.  The ALJ also found that the
Settlement Agreement satisfied the requirements regarding a
complainant's cooperation with government authorities set forth
in Polizzi v. Gibbs and Hill, Inc., 87-ERA-38, Sec. Order,
slip op. issued July 18, 1989, see Settlement Agreement, Section C(8), as
amended.  The ALJ recommended that the agreement be approved and
the case dismissed with prejudice.
     Review of the agreement reveals that it may encompass the
settlement of matters under laws other than the SWD. 
See 
[PAGE 2]
Settlement Agreement, Section C(2).  As stated in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2:
     [The Secretary's] authority over settlement agreements is
     limited to such statutes as are within [the Secretary's]
     jurisdiction and is defined by the applicable statute.
     See Aurich v. Consolidated Edison Company of New
     York, Inc., Case No. [86-]CAA-2, Secretary's Order
     Approving Settlement, issued July 29, 1987; Chase v.
     Buncombe County, N.C., Case No. 85-SWD-4, Secretary's
     Order on Remand, issued 
     November 3, 1986.

I have therefore, limited my review of the agreement to
determining whether the terms thereof are a fair, adequate and
reasonable settlement of Claimant's allegation that the Employer
violated the SWD.
     Upon review of the terms of the agreement signed by the
parties, and based on the record of this case, I find that the
agreement is fair, adequate and reasonable.  I therefore accept
the ALJ's recommendation that the agreement be approved.
Accordingly, this case is DISMISSED WITH PREJUDICE.  Settlement
Agreement, Section C(1).
     SO ORDERED.


                              ROBERT B. REICH               
                              Secretary of Labor

Washington, D.C.