Date:       APRIL 8, 1996

Case Nos.:  95-TSC-5
            95-TSC-6




In the Matter of

RICHARDO ACORD,  
           Complainant

      v.

ARCO ALASKA, INC.,
           Respondent

      and

VECO CONSTRUCTION,
           Respondent


   
                                    
                     RECOMMENDED DECISION AND ORDER
                     APPROVING SETTLEMENT AGREEMENT
                                   AND
                  ORDER OF DISMISSAL WITH PREJUDICE
                                    
                                    
     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, and the Clean Air Act, 42 U.S.C.
§ 7622.  On March 28, 1996, the parties filed an executed
"Joint Motion to Approve Settlement Agreement and for Order of
Dismissal," as well as a "Settlement Agreement, Release and
Covenant Not to Sue," attached hereto, pursuant to 29 C.F.R.
§ 18.39(b).  Under the terms of the agreement, the
respondents agree to pay complainant a stated sum in
consideration of covenants and releases stated therein.

     After due consideration of 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

[PAGE 2]
Pipeline, IT IS HEREBY DETERMINED 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.


                              THOMAS M. BURKE
                              Administrative Law Judge


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