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Green v. Management Analysis Company, 94-TSC-9 (ALJ Sept. 8, 1995)


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



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