DATE: August 21, 1995
CASE NO. 95-SWD-2
IN THE MATTER OF
CARL FLETCHER,
COMPLAINANT,
v.
TRAVI CONSTRUCTION CORP.,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provision of
the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971
(1988). The Administrative Law Judge (ALJ) issued a recommended
order of dismissal of the complaint on July 12, 1995.
The parties have submitted a Settlement Agreement and seek
approval of the Agreement and dismissal of the complaint.
Because the request for approval is based on an agreement entered
into by the parties, I must review it to determine whether the
terms are a fair, adequate and reasonable settlement of the
complaint. 29 C.F.R. § 24.6(b); Macktal v.
Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991);
Thompson v. U.S. Dep't of Labor, 885 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 2.
The Agreement appears to encompass the settlement of matters
beyond those encompassed by the SWDA. See
Agreement Paragraphs 5 and 7. For the reasons set forth in
Poulos v. Ambassador Fuel Oil Co., Inc., Case No.
86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at 2, I have limited
my review of the Agreement to
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determining whether its terms are a fair, adequate and reasonable
settlement of Complainant's allegations that Respondent violated
the SWDA.
I find that the Agreement, as here construed, is a fair,
adequate and reasonable settlement of the complaint.
Accordingly, I APPROVE the settlement and DISMISS the complaint
with prejudice. Agreement Paragraph 5.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.