STATE OF ALASKA,
DEPARTMENT OF LABOR,
LABOR STANDARDS AND
SAFETY DIVISION
Respondent
ORDER APPROVING SETTLEMENT AND STAYING PROCEEDINGS
This case arises under the employee protection provisions of the Toxic
Substances Control Act, 15 U.S.C. § 2622, the Clean Air Act, 42 U.S.C. § 7622, the
Clean Water Act, 33 U.S.C. § 1367, and the Solid Waste Disposal Act, 42 U.S.C. §
6971. A formal hearing is scheduled to commence before me in Anchorage, Alaska, on October 5,
1998.
On September 25, 1998 the parties submitted for my review and approval their
"Settlement and Release Agreement" (hereinafter, the agreement) executed by
Complainant and Respondent on September 11 and 18, 1998, respectively. Also submitted by the
parties on September 25 is a Motion to Stay Proceedings, requesting that the hearing be held in
abeyance pending the approval of the settlement by the legislature of the State of Alaska, which the
motion states is anticipated to take place in 1999. I herewith grant the motion for a stay of the
hearing. The parties, as they suggested in their motion, are ordered to jointly move for an order of
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dismissal of the case with prejudice within fifteen days after the settlement monies are appropriated
by the legislature and paid to Complainant.
I must determine whether the terms of the agreement are a fair, adequate and
reasonable settlement of the complaint. 29 C.F.R. § 24.6; Macktal v. Secretary of
Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't of Labor,
885 F.2d 551, 556 (9th Cir. 1989); Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
Paragraphs 2 and 3 of the agreement state that Respondent will pay
Complainant a specified amount of money in a lump sum, with interest from the date of execution
of the agreement to the date of final payment, and that Complainant's attorney shall receive one-third
of the lump sum amount, plus interest, as an attorney's fee. Paragraph 3 also states that payment is
conditioned on the approval of the state legislature. Paragraph 5 provides that Complainant will not
apply for employment with the State of Alaska, and he waives recall rights. Paragraph 10 provides
that the agreement does not restrict Complainant from raising concerns with any federal agency or
others regarding protection of the environment and the like. Paragraph 11 certifies that the parties
have not entered into any agreement settling any other claims arising from the same factual
circumstance as the claims in the instant case.
I find that the agreement is a fair, adequate and reasonable settlement of the
complaint. Accordingly, I approve the agreement.
