Coffman v. State of Alaska (Dept. of Labor), 1998-TSC-4 and 7 (ALJ Oct. 12, 1999)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

DATE: October 12, 1999

CASE NO.: 1998-TSC-0004

IN THE MATTER OF

LARRY COFFMAN,
    Complainant

    v.

STATE OF ALASKA (DEPARTMENT OF LABOR),
    Respondent.

    and

CASE NO.: 1998-TSC-0007

IN THE MATTER OF

LARRY COFFMAN,
    Complainant

    v.

STATE OF ALASKA (DEPARTMENT OF
TRANSPORTATION and PUBLIC FACILITIES),
    Respondent.

   This proceeding arises under the Toxic Substances Control Act 15 U.S.C. §2622 (TSCA or the Act).

   Mr. Coffman filed complaints on December 10, 1997 and on March 20, 1998. The Occupational Safety and Health Administration, U. S. Department of Labor, determined that the complaints had no merit.

   Mr. Coffman filed appeals to the Office of the Administrative Law Judge and the cases were assigned to the undersigned Administrative Law Judge. Thereafter, the parties requested the appointment of a settlement Judge. David W. DiNardi, the District Chief Judge in Boston, was assigned, and he met with the parties on October 16, 1998.

   A tentative agreement was reached and the parties submitted a settlement and release agreement that was signed in April 1999.

   However, the undersigned did not accept the agreement at that time as the instrument spoke of employment by July 1, 1999 and a State legislature appropriation of the monetary amount.

   Mr. Coffman was hired by the state by July 1, 1999, but at a wage which is less than he anticipated. In addition, the monetary part of the settlement has not been appropriated.

   On the advice of Judge DiNardi and in view of contingencies the undersigned waited for events to unfold.

   The last conference call was held with the parties on September 14, 1999.

   In a telefax set on September 27, 1999, Complainant's counsel stated in part

    By this letter I am requesting that you approve the settlement submitted to your office by Administrative Law Judge David DiNardi in the above-captioned matter. The Agreement was executed by the parties and submitted to Judge DiNardi by letter dated April 27, 1999, with the request that he sign the Agreement and forward it on to you for approval.

    As we discussed, the parties are still working to resolve the details of one issue that is addressed in the settlement, but Mr. Coffman has been back to work since July 1, 1999.

   In view of the recent statement from Complainant's Counsel, the undersigned finds that the terms of the settlement are fair, reasonable and adequate.

   The agreement signed by the parties will be attached to this decision.

   The cases are dismissed with prejudice.

      RICHARD K. MALAMPHY
      Administrative Law Judge

RKM/ccb
Newport News, Virginia

NOTICE: This Decision and Order Approving Settlement will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, U. S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such a petition for review is timely filed with the Administrative Review Board within ten (10) business days of the date of this Decision and Order Approving Settlement, and shall be served on all parties and on the Chief Administrative Law Judge, See 29 C.F.R. §§24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).