DATE:  March 31, 1994
CASE NO. 93-TSC-3


IN THE MATTER OF

CHRIS J. DU JARDIN,

          COMPLAINANT,

     v.

MORRISON KNUDSEN CORPORATION,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT

     Before me for review is the Recommended Order of Dismissal
issued March 7, 1994, by the Administrative Law Judge (ALJ) in
this case, under the employee protection provisions of the
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. § 9610 (1988), and the Solid Waste
Disposal Act, 42 U.S.C. § 6971 (1988), (also referred to as
the Resource Conservation and Recovery Act). The ALJ found the
agreement fair, adequate and reasonable, see 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, and recommended that
the agreement be approved and the case dismissed with prejudice.
     Review of the agreement reveals that it may encompass the
settlement of matters under laws other than the CERCLA.
See, e.g., Settlement Agreement ¶¶ 4 and
5.  As stated in Poulos v. Ambassador Fuel Oil Co., Inc.,
Case No. 86-CAA-1, Sec. Order, Nov. 2, 1987, slip op. at 2:
     [The Secretary's] authority over settlement agreements is
     limited to such statutes as are within [the Secretary's]
     jurisdiction and is defined by the applicable statute.
     See Aurich v. Consolidated Edison Company of New
     York, Inc., Case No. [86-]CAA-2, Secretary's Order
     Approving Settlement, 
[PAGE 2]
      issued July 29, 1987; Chase v. Buncombe County, N.C., Case
      No. 85-SDW-4, Secretary's Order on Remand, issued November 3,
      1986.

     I have therefore, limited my review of the agreement to
determining whether the terms thereof are a fair, adequate and
reasonable settlement of Complainant's allegation that Respondent
violated the CERCLA.
     Upon review of the terms of the agreement signed by the
parties, and based on the record of this case, I find that the
agreement is fair, adequate and reasonable.  I therefore accept
the ALJ's recommendation that the agreement be approved.
Accordingly, this case is DISMISSED WITH PREJUDICE.  Settlement
Agreement ¶ 2.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.