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Marcus v. United States Environmental Protection Agency, 92-TSC-5 (Sec'y July 3, 1995)


DATE:  July 3, 1995
CASE NO. 92-TSC-5


IN THE MATTER OF

WILLIAM L. MARCUS,

          COMPLAINANT,

     v.

U.S. ENVIRONMENTAL PROTECTION AGENCY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     Complainant William L. Marcus brings the captioned complaint
of unlawful discrimination against his employer, the U.S.
Environmental Protection Agency, under the employee protection
provisions of six environmental statutes, including the
Comprehensive Response, Compensation and Liability Act, 42 U.S.C.
§ 9610 (1988), and the Safe Drinking Water Act, 42 U.S.C.
§ 300j-9(i) (1988).  I previously remanded the case to the
Administrative Law Judge (ALJ) for findings on specific damages
and losses which the parties were unable to resolve.  On May 15,
1995, the ALJ recommended that a settlement reached by the
parties be approved.  On June 8, 1995, Dr. Marcus certified that
he consented to the terms of settlement.  Upon examination of
this documentation, I find that the parties' agreement is a fair,
adequate and reasonable settlement of these issues.  Macktal
v. Secretary of Labor, 923 F.2d 1150, 1153-1154 (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. Ord., Mar. 23, 1989, slip
op. at 1-2.  

[PAGE 2] Accordingly the agreement is approved, and the complaint IS DISMISSED. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.



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