DATE: March 7, 1994
CASE NO.: 93-TSC-3
In the Matter of
CHRIS J. DU JARDIN
Complainant
v.
MORRISON KNUDSEN CORPORATION
Respondent
RECOMMENDED ORDER OF DISMISSAL
This case arises under the employee protection provisions of
the Comprehensive Environmental Response Compensation and
Liability Act (hereinafter "CERCLA"), 42 U.S.C. § 9610, and
the Solid Waste Disposal Act, 42 U.S.C. § 6971 (also
referred to as the Resource Conservation and Recovery Act), and
is governed by the regulations promulgated thereunder at 29
C.F.R. Part 24.
Chris J. DuJardin filed a complaint with the U.S. Department
of Labor (hereinafter "DOL") on June 14, 1993, alleging that he
had been constructively discharged from his employment as a
maintenance technician at the Vertac Superfund site in
Jacksonville, Arkansas on May 13, 1993. The DOL Wage and Hour
Division investigated the complaint and on July 9, 1993, reported
that it could not verify that Morrison Knudsen Corporation had
discriminated against Mr. DuJardin. On July 16, 1993, Mr.
DuJardin filed a request for hearing with the Office of
Administrative Law Judges.
On February 23, 1994, prior to the scheduled hearing date,
the parties submitted a Joint Motion for Dismissal and Approval
of Settlement, along with a Settlement Agreement and Release with
attachments, signed by representatives of both parties. The
[PAGE 2]
regulations require that I issue a recommendation to the
Secretary of Labor, who will issue a final decision in this case.
29 C.F.R. § 24.6(a). The Secretary has held that my review
of the motion and accompanying settlement documents should be
limited to determining whether the conditions of the agreement
are a fair, adequate and reasonable settlement of Mr. DuJardin's
allegations under CERCLA and the Solid Waste Disposal Act.
Rick W. Bunn, 89-ERA-5 (Sec'y Sep. 29, 1989). My review
and consideration of the settlement agreement is so limited.
Brian H. Williamson, 91-ERA-16 (Sec'y Mar. 4, 1992).
Upon review and consideration, I find the terms of the
settlement agreement to be fair, adequate, and reasonable, and
therefore recommend that the Secretary grant the Joint Motion for
Dismissal and Approval of Settlement and dismiss the case with
prejudice.
ORDER
WHEREFORE, it is recommended that the Joint Motion for
Dismissal and Approval of Settlement be GRANTED and that the case
by dismissed with prejudice.
DAVID A. CLARKE, JR.
Administrative Law Judge
Washington, D.C.
DAC/cal SERVICE SHEET
CASE NAME: Chris J. DuJardin v. Morrison Knudsen
Corporation
CASE NO.: 93-TIC-3
DOCUMENT: Recommended Order of Dismissal
I hereby certify that the above-referenced document was mailed
this ___th day of _____________, 199__, to the following parties:
Carl H. Bass
[PAGE 3]
District Director
U.S. Department of Labor
Employment Standards Admin.
Wage and Hour Division
Suite 725
425 West Capitol Avenue
Little Rock, Arkansas 77201
Area Director
U.S. Department of Labor
Employment Standards Admin.
Wage and Hour Division
200 Constitution Ave., N.W.
Washington, D.C. 20210
Deputy Solicitor for
Regional Operations
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, D.C. 20210
Deputy Associate Solicitor
Division of Fair Labor Stds.
Office of the Solicitor
U.S. Department of Labor
200 Constitution Ave., N.W.
Room N-2716
Washington, D.C. 20210
Nuclear Regulatory Commission
Office of Enforcement
MS 7H5
Washington, D.C. 20555
Morrison & Knudsen
Attn: Robert Apa
1302 Marshall Road
Jacksonville, Arkansas 72076
Chris J. DuJardin
P.O. Box 5071
Jacksonville, Arkansas 72076
Janie W. McFarlin, Esq.
Charles R. Nestrud, Esq.
Chisenhall, Nestrud & Julian
2840 1st Commercial Bldg.
400 West Capitol
Little Rock, Arkansas 72201
Richard E. Condit, Esq.
Mick G. Harrison, Esq.
Gov't Accountability Project
810 1st St., N.E., Suite 630
Washington, D.C. 20002
Environmental Protection
Agency
401 M Street, S.W.
Washington, D.C. 20460
____________________________________
CHRIS LANGELLO
Attorney-Advisor
