U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 97-002
ALJ CASE NO. 96-SWD-1
DATE: April 17, 1997
In the Matter of:
MIKE A. UZETA
COMPLAINANT,
v.
OASIS AVIATION, INC.
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the Solid Waste Disposal Act (SWDA), 42
U.S.C. § 6971 (1988). The parties have submitted a Memorandum of Settlement
seeking approval of the settlement and dismissal of the complaint.
The request for approval is based on an agreement entered into by the
parties, therefore, we must review it to determine whether the terms 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.
We find that the agreement, as so construed, is a fair, adequate, and
reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and
DISMISS THE COMPLAINT WITH PREJUDICE.