DATE: September 8, 1995

CASE NOS. 95-TSC-13

In the Matter of:

RICHARD GREEN
ROBERT PLUMLEE
R. GLEN PLUMLEE
JAMES SCHOOLEY,
     Complainants

v.

ALYESKA PIPELINE SERVICE COMPANY,
ARCO ALASKA, INC.,
ARCTIC SLOPE INSPECTION SERVICES,
UDELHOVEN OIL SYSTEM SERVICES
     Respondents


Appearances:
Thad Guyer, Attorney
Billie Pirner Garde, Attorney
Thomas E. Carpenter, Attorney
     For Complainants


Robert E. Jordan, HI, Attorney
     For Alyeska Pipeline Service
Richard B. Brown, Attorney
     For ARCO Alaska, Inc.
Gregory L. Youngmun, Attorney
     For Arctic Slope Inspection Services, In
D.K. 'Kirby" Wright, Jr., Attorney
     For Udelhoven Oil System Services


Before: ALFRED LINDEMAN, Administrative Law Judge

                     RECOMMENDED DECISION AND ORDER
                     APPROVING SETTLEMENT AGREEMENT
                                   AND
                           ORDER OF DISMISSAL



[PAGE 2]
Procedural background

     This decision resolves the "blacklisting" elements of
complaints now pending as a result of complainants' "First
Amended Complaints," 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. 
Pursuant to the parties' joint request, by Order dated June 26,
1995, the complainants' allegations relating to "blacklisting"
were severed from the four complainants' individual "failure to
hire" allegations and consolidated for hearing and decision by
the undersigned under Case No. 95-TSC-13, styled Richard
Green, et al. v. Alyeska Pimline Service Co., et al,
Complainant Robert Plumlee's "failure to hire" allegations under
Case No. 95-TSC-2 were also assigned to the undersigned.  At the
commencement of the hearings on August 10, 1995, counsel
represented that both the "blacklisting" and "failure to hire"
elements of Robert Plumlee's complaint were settled, as was the
"blacklisting" complaint of R. Glen Plumlee.  The hearing on
August 10-15, 1995, was thus limited to the "blacklisting"
complaints of Richard Green and James Schooley against respondent
Alyeska.[1]   On August 28, 1995, however, the parties filed four
"Joint Motions to Approve Settlement Agreement and For Order of
Dismissal," four executed "Settlement Agreements, Releases and
Covenants Not to Sue," and two "side letters" (dated August 21
and 23, 1995) from counsel for Alyeska to complainants' attorney
Garde, which documents are intended to settle all four
complainants' "blacklisting" cases.  See 29 C.F.R.
§18.39(b).

The settlements

     Under the terms of the agreements, which are attached in
their entirety, the respondents agree to pay complainants and
their attorneys stated sums in consideration of covenants and
releases stated therein.  Having considered the proposed
settlements in light of the nature of the complaints, the
disputed issues presented by the pleadings, the uncontested
statements of facts regarding complainant Robert Plumlee's
medical condition filed in connection with pre-trial motions, and
the transcripts of the appearances of R. Glen Plumlee, Richard
Green and James Schooley before me and Judge David Di Nardi, I
find that the terms of the settlements are fair, adequate and
reasonable, as asserted by the parties in their joint motions,
warranting dismissal of the complaints with prejudice. 29 C.F.R.
§§18.39(b), 24.6(b)(4); see Thompson v. U. S.
Department of 
[PAGE 3]
Labor, 885 F-2d 551 (9th Cir. 1989).

                                  ORDER

1.     The joint motions to approve settlement agreements are
therefore GRANTED.
2.     It is RECOMMENDED that the Secretary approve the attached
settlements and orders dismissing the instant "blacklisting"
complaints with prejudice.[2] 


ALFRED LINDEMAN
Administrative Law Judge



                               [ENDNOTES]

[1] Respondents Arco Alaska, Inc., Arctic Slope Inspection
Services and Udelhoven Oil System Services having been dismissed,
by "Order on Motions for Summary Decision" dated July 26, 1995,
on the ground that complainants had not carried their burden of
establishing a prima facie case against them, said
respondents did not appear at the hearing.


[2] A separate "Recommended Decision and Order Approving
Settlement Agreement and Order of Dismissal" is also being issued
in Robert Plumlee v. Alyeska Pipeline Service Company, et
al., Case No. 95-TSC-2, regarding complainant Robert
Plumlee's "failure to hire" complaint.