Date: September 8, 1995
Case Nos.: 94-TSC-9, 95-TSC-1
In the Matter of:
Richard Green
Complainant
v.
Alyeska Pipeline Service Company
and Arctic Slope Inspection Services
Respondents
Appearances:
Billie Pirner Garde, Esq.
Thad M. Guyer, Esq.,
Eugene Piazza, Esq.
For Complainant
Robert E. Jordan, III, Esq.
Stephania Daliani-Shamet, Esq.
Kenneth L. Miller, Esq.
David Youngmun, Esq.
David D. Floerchinger, Esq.
Mary L. Pate, Esq.
For Respondents
Before: DAVID W. DI NARDI
Administrative Law Judge
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
AND
ORDER OF DISMISSAL WITH PREJUDICE[PAGE 2]
These complaints were filed by Complainant under the Employee
Protection Provisions of the Toxic Substances Control Act of 1976,
15 U.S.C. § 2622, the Water Pollution Control Act, 33
U.S.C. § 1367, the Solid Waste Disposal Act, 42 U.S.C.
§ 6971, and the Clean Air act, 42 U.S.C. § 7622. On
August 23, 1995, the named parties, represented by counsel
identified above, filed an executed Joint Motion to Approve
Settlement Agreement and for Order of Dismissal, as well as a
Settlement Agreement, Release and Covenant that to Sue, admitted
into evidence as JEX 2, pursuant to the regulations at 29 C.F.R.
§ 18.39(b). Under the terms of the agreement, which is
attached in its entirety, the Respondents agree to pay Complainant
a stated sum in consideration of covenants and releases stated
therein.
This Administrative Law Judge, having considered the proposed
settlement in light of the nature of the complaint, the disputed
issues presented by the pleadings, the vagaries of litigation and
the changing employment situation for work as an inspector on the
Trans-Alaska Pipeline System, finds and concludes that the terms of
the settlement are fair, adequate and reasonable, as asserted by
the parties in their joint motion. The motion is therefore
GRANTED, and it is RECOMMENDED that the Secretary
approve the attached settlement and issue an order dismissing the
instant complaints with prejudice. See 29 C.F.R. §§
18.39(b), 24.6.DAVID W. DI NARDI
Administrative Law Judge
Boston, Massachusetts
DWD/las