U.S. Department of Labor Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Boston. Massachusetts 02109
DATE: JUN 24 1992
Case No.: 92-TSC-9
In the Matter of:
Grover A. Glatfelter
Complainant
v.
New England Medical Center Hospitals, Inc.
Respondent
APPEARANCES:
David W. Downes, Esq.
For the Complainant
David J. Kerman, Esq.
For the Respondent
Before: Martin J. Dolan, Jr.
Administrative Law Judge
RECOMMENDED ORDER APPROVING SETTLEMENT
AND DISMISSING CASE
This proceeding arises under the provisions of the Toxic
Substances Control Act, 15 U.S.C. Section 2622, and the Energy
[Page 2]
Reorganization Act of 1974, 42 U.S.C. Section 5851, and
implementing regulations found in 29 C.F.R. Part 24. A hearing
in this case matter was scheduled for June 9, 1992. Prior to the
hearing, counsel for the parties advised that they had formulated
and reached a settlement which would dispose of the outstanding
issues which were presented for adjudication. Counsel
subsequently furnished a written agreement dated June 9, 1992
which conciliates the matters in controversy and is signed by
Grover A. Glatfelter, the Complainant, his attorney, David W.
Downes, and on behalf of the corporate respondent, Larry L.
Smith, Jr., General Counsel and Assistant Secretary, and David J.
Kerman, outside counsel for the respondent.
I have reviewed the terms of the settlement agreement and I
determine that the settlement is fair, adequate and reasonable.
Accordingly, it is Recommended that the Secretary of Labor
approve the settlement and enter an order dismissing this
proceeding with prejudice.