Date: September 8, 1995
Case Nos.: 95-TSC-3, 95-TSC-14
In the Matter of:
R. Glen Plumlee
Complainant
v.
Alyeska Pipeline Service Company,
Arctic Slope Inspection Services,
and Veco Engineering, Inc.
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 3,
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, that 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, 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 complaint with prejudice. See 29 C.F.R. §§
18.39(b), 24.6._______________________________DAVID W. DI NARDI
Administrative Law Judge
Boston, Massachusetts
DID/Las