U.S. Department of Labor
Office of Administrative Law Judges
304A U.S. Post Office and Courthouse
Cincinnati, Ohio 45202
(513) 684-3252
Date Issued: March 6, 1984
Case No. 84-TSC-2
In the Matter of:
CHARLES EGGERS,
Complainant,
v.
CINCINNATI DRUM SERVICES, INC.,
Respondent.
RECOMMENDED ORDER OF DISMISSAL
This proceeding arose under the Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.). A formal hearing set
for January 10 and 11, 1984, in Cincinnati, Ohio, was ordered
continued pending settlement of the dispute.
On February 27, 1984, the parties filed a Stipulation
of Dismissal with an attached copy of an executed Settlement
Agreement, a copy of which is marked Exhibit A and is attached
hereto and made apart of this Recommended Order of Dismissal.
The U. S. Department of Labor's investigation of the
Complaint found no discrimination under the Act. I find
that the parties' Stipulation for Dismissal and Settlement
Agreement is reasonable and proper and that a dismissal is
not against the public interest.
IT IS HEREBY RECOMMENDED that the Complaint be dismissed
with prejudice.
RICHARD D. MILLS
Administrative Law Judge
UNITED STATES
DEPARTMENT OF LABOR
Case No. 84-TSC-2
In the Matter of:
CHARLES EGGERS,
Complainant,
v.
CINCINNATI DRUM SERVICES, INC.,
Respondent.
STIPULATION OF DISMISSAL
The parties having reached a settlement in the above matter,
Complainant and Respondent hereby stipulate that the Complaint
be dismissed with prejudice.
Philip Combs
Attorney for Complainant
6601 Dixie Highway
Florence, Kentucky 41042
(606) 525-1441
Timothy P. Reilly
Counsel for Respondent,
Taft, Stettinius & Hollister
1800 First National Bank Center
Cincinnati, Ohio 45202
(513) 381-2838
SETTLEMENT AGREEMENT
AND RELEASE OF CLAIMS
This agreement is made and entered into by and between CHARLES
EGGERS (herein "Eggers") and CINCINNATI DRUM SERVICES, INC., (herein
the "Company").
1. In consideration of the mutual promises of the parties to
this settlement and release of claims, the receipt and sufficiency
of which is hereby acknowledged, Eggers, for himself, his attorneys,
heirs, successors and assigns, does fully release and discharge the
Company, its attorneys, successors, assigns, officers, agents and
employees from all suits, causes of action and claims arising out
of his employment with the Company, including the claims asserted in
the complaint filed with the United States Department of Labor in
Case No. 84-TSC-2. The Company similarly releases Eggers from all
claims arising out of his employment by the Company. Neither party
hereby waives or releases any rights as to Charles Eggers' pending
claim before the Ohio Bureau of Employment Services.
2. Eggers, through his attorney, agrees to execute a Stipulation
of Dismissal of his complaint in Case No. 84-TSC-2 before the U. S.
Department of Labor. It is understood that this settlement agreement
is contingent upon the Administrative Law Judge's recommendation to
the Secretary of Labor that the Complaint be dismissed based on this
Stipulation of Dismissal, and upon the Secretary of Labor's acceptance
of this recommendation of dismissal.
3. It is hereby understood that this settlement agreement is
entered into by the Company solely to avoid the time and expense of
litigation and that by entering into the settlement the Company does
not in any way admit any wrongdoing or violation of any laws.
4. The Company agrees to Pay Eggers the amount of One Thousand
Dollars (,000.00) in full and final settlement of all suits, causes
if action and claims.
5. Eggers agrees to return to the Company, upon request, copies
of all correspondence, reports and other documents in Eggers'
possession which were prepared or received by him in the course of his
employment with the Company. Cost of copies shall be borne by company.
CHARLES EGGERS
CINCINNATI DRUM SERVICES, INC.
By TIMOTHY P. REILLY, ATTY
Starke E. Combs
Attorneys At Law
February 23, 1984
Hon. Richard D. Mills
Administrative Law Judge
Office of Administrative Law Judges
304A U.S. Post Office and Courthouse
Cincinnati, OH 45202
RE: Charles Eggers
vs.
Cincinnati Drum Services, Inc.
Case No. 84-TSC-2
Dear Judge Mills:
Please find enclosed Stipulation of Dismissal and
Settlement Agreement in the above-referenced case. If
the Secretary of Labor concurs, we would assume that
this case is now settled.
If you have any further questions, please call my
office.
