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Issue date: 23Aug2001
CASE NO.: 2001-TSC-1
IN THE MATTER OF
BOBBY L. LUNSFORD
Complainant
v.
UNIVERSITY OF MISSOURI-ROLLA
Respondent
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT
The above-captioned matter arises under the employee protection provisions of the Toxic Substances Control Act, 15 U.S.C. § 2622. On August 10, 2001, the parties submitted a Joint Motion to Approve Stipulation of Settlement and Dismissal that, if approved, would resolve all disputed issues, including costs and attorney's fees, and allow for the dismissal of this matter with prejudice. Supplemental information was submitted by the Complainant's counsel on August 20, 2001, in support of her Petition for an Award of Costs and Attorney's Fees.
As required by the relevant regulations and statutory provisions, I have carefully reviewed the entire agreement and the supplemental information. After doing so, I have concluded that the terms of the agreement are, in fact, fair, adequate and reasonable. I therefore recommend that the agreement be approved.
Accordingly, it is recommended:
1. That the Secretary of Labor or her designees on the Administrative Review Board approve the settlement agreement;
2. That the claim of Bobby L. Lunsford against Respondent, University of Missouri-Rolla, be dismissed with prejudice.
ORDERED this 23rd day of August, 2001, at Metairie, Louisiana.
LEE J. ROMERO, JR.
Administrative Law Judge
NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary of Labor unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614(1998).
