DATE: October 5, 1990
CASE NO. 88-TSC-2

IN THE MATTER OF

DONALD TERRY ANDERSON,
COMPLAINANT

v.

WASTE MANAGEMENT OF NEW MEXICO,
RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

    This case, arising under the employee protection provision of the Toxic Substances Control Act, as amended (TSCA), 15 U.S.C. § 2622 (1988), is before me for review of the Recommended Order for Dismissal With Prejudice issued by Administrative Law Judge (ALJ) George A. Fath on August 2, 1989. The ALJ's order states that the parties have jointly moved to dismiss the case with prejudice because they have "settled their differences." The ALJ recommends that the motion be granted as dismissal is appropriate under the circumstances and in the best interests of the parties, even though "they have not disclosed the consideration for their settlement."

    It was error for the ALJ to recommend dismissal in this case without reviewing the actual terms of the settlement. Montoya v. Vancouver Extrusion Co.. Inc., Case No. 88-TSC-1, Sec. Approval of Settlement and Order of Dismissal, April 26, 1990, slip op. at 1. Under the TSCA, a case may not be dismissed on the basis of a settlement unless the settlement has

been reviewed and the Secretary has found the terms fair, adequate and reasonable.¹ See Montoya, slip op. at 2; Ruud v. Westinghouse Hanford Co., Case No. 88-ERA-33, Sec. Order to Submit Settlement, February 14, 1990, slip op. at 2; Fuchko and Yunker v. Georgia Power Co., Case Nos. 89-ERA-9 and 89-ERA-10, Sec. Order to Submit Settlement Agreement, March 23, 1989, and cases cited therein, slip op. at 2. Consequently, the ALJ should have required the parties to submit the terms of the settlement for his review and should have made a recommendation to the Secretary as to whether the terms are fair, adequate and reasonable.

    In the interest of judicial economy, rather than remand this case to the ALJ to review the settlement and submit a new recommended decision, the parties are ordered to file a copy of the settlement agreement with me for review. Fuchko and Yunker, slip op. at 2. If all the parties, including Complainant individually, have not signed the settlement agreement itself, the parties shall submit a certification or stipulation, signed by all the parties to the agreement, including Complainant individually, demonstrating their informed consent to the agreement. The settlement agreement should be submitted within thirty days of receipt of this order.

    SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.

¹The TSCA, at 15 U.S.C. § 2622(b)(2)(A), provides in pertinent part that "the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary . . . issue an order either providing the relief prescribed by subparagraph (B) or denying the complaint." (emphasis added).