DATE: May 31, 1995
CASE NOS. 94-TSC-9, 95-TSC-1
In the Matter of
RICHARD GREEN
Complainant
v.
MANAGEMENT ANALYSIS COMPANY("MAC"),
PACIFIC ATLANTIC TECHNICAL SERVICES COMPANY("PATSCO"),
and MAC TECHNICAL SERVICES COMPANY,
Respondents
Appearances:
Billie Pirner Garde, Attorney
For Complainant
Craig A. Schloss, Attorney
For Respondents
Before: ALFRED LINDEMAN
Administrative Law Judge
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
AND
ORDER OF DISMISSAL WITH PREJUDICE[1]
The respondents herein are some of several joined by
complainant's "First Amended Complaint," filed November 28, 1994,
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 May 26, 1995, the named parties, represented by
counsel identified above, filed an executed "Joint Motion to
Approve Settlement Agreement and General Release and for An Order
Dismissing Claims With Prejudice" 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.
Having considered the proposed settlement in light of the
nature of the complaint and the disputed issued presented by the
pleadings,[2] I find 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
REOCMMENDED that the Secretary approve the attached settlement
and issue an order dismissing the instant complaint with
prejudice. See 29 C.F.R. §§18.39(b), 24.6.
ALFRED LINDEMAN
Administrative Law Judge
[ENDNOTES]
[1] NOTE: Green's complaints against the other respondents
covered by the captioned case numbers, Alyeska Pipeline Service
Company, Arco Alaska, Inc., Artic Slope Inspections Services
("ASIS"), and Udelhoven Oil System Services, are not affected by
this Recommended Decision; those complaints remain scheduled for
hearing in Anchorage, Alaska, the week of August 7-11, 1995.
[2] Copies of the pleadings are being forwarded for purposes of
the Secretary's evaluation of the proposed settlement; other
procedural and discovery-related documents will remain in the
files to the proceeding against the remaining respondents
referred to in footnote 1.