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Issue date: 10Dec2001
Case No.: 2001-TSC-00002
In the Matter of
GREG COOK,
Complainant
v.
ULTRASEAL AMERICA, INC.,
Respondent
ORDER TO SUBMIT SETTLEMENT AGREEMENT
On August 6, 2001, the Parties advised the Court that a settlement had been reached in this matter. Accordingly, the hearing scheduled for August 15, 2001, was cancelled. On December 3, 2001, the Court received a Stipulation of Dismissal signed by the Parties. No copy of the settlement agreement was submitted.
The TSCA requires the Secretary of Labor to enter into or otherwise approve a settlement. See 15 U.S.C. §2622(b)(2)(A). It is error for an ALJ to dismiss a case without reviewing the settlement agreement and making a recommendation of whether the settlement is fair, adequate and reasonable. See Biddy v. Alyeska Pipeline Service Co., ALJ Case No. 95-TSC-7; ARB Case Nos. 96-109, 97-015 (Dec. 3, 1996).
Accordingly, the Parties are hereby ordered to submit the settlement agreement to the Court within thirty days of the receipt of this order.
