DOL Home > OALJ > Whistleblower > Heffley v. NGK Metals Corp., 89-SDW-2 (Sec'y Apr. 20, 1990) |
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: April 20, 1990
CASE NO. 89-SDW-00002
IN THE MATTER OF
WILLIAM L. HEFFLEY,
COMPLAINANT,
v.
NGK METALS CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
On September 28, 1989, Administrative Law Judge (ALJ) Ainsworth H. Brown issued a Recommended Decision and Order in the captioned case which arises under the employee protection provision of the Safe Drinking Water Act, 42 U.S.C. § 300j - 9(i) (1982) (SDWA). The ALJ's recommended decision found merit to the complaint and ordered Complainant's reinstatement and other relief. On January 17, 1990, while the case was pending my final review, see 24 C.F.R. § 24.6 (1989), counsel for Respondent provided notice that a settlement had been reached. Thereafter, on March 6, 1990, I ordered that the settlement be submitted for review in order to determine whether its terms are fair, adequate and reasonable and, as such, constitute proper grounds for dismissal of the case. On March 19, 1990, counsel for Respondent submitted a copy of the Settlement Agreement and General Release (the agreement) dated January 17, 1990, and signed by Complainant individually and by counsel for Respondent.
The terms of the agreement have been thoroughly reviewed.
I note that the agreement appears to encompass the settlement of matters arising under various laws, only one of which is the SDWA. See, e.g., Settlement Agreement and General Release para. 1. For the reasons set forth in Poulos v Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order, November 2, 1987, slip op. at 2, I have limited my review of the agreement to determining whether its terms are a fair, adequate and reasonable settlement of Complainant's allegations that Respondent violated the SDWA. Upon review of the terms of the agreement, I find that they are fair, adequate and reasonable. Accordingly, the complaint in this case is hereby DISMISSED.
SO ORDERED.
ELIZABETH DOLE
Secretary of Labor
Washington, D.C.