DOL Home > OALJ > Whistleblower > Dubois v. Village of Cobden, 90-SDW-1 (Sec'y Apr. 24, 1991) |
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: April 24, 1991
CASE NO. 90-SDW-1
IN THE MATTER OF
PAUL H. DUBOIS,
COMPLAINANT,
v.
VILLAGE OF COBDEN,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
Before me for review is the Recommended Dismissal of Administrative Law Judge (ALJ) Robert L. Cox issued on April 4, 1991, in the above-captioned case, which arises under the Safe Drinking Water Act, 42 U.S.C. § 300j-9(i) (SDWA) (1988), the Federal Water Pollution Control Act, 42 U.S.C. § 1367 (1988), and the implementing regulations at 29 C.F.R. Part 24 (1190). The ALJ reviewed the Release of All Claims submitted by the parties and, finding that the agreement effectuated the policies and purposes of the SDWA recommended that the complaint be dismissed with prejudice.
Review of the agreement reveals that it appears to encompass the settlement of matters under various laws, only one of which is the ERA. See, e.g., Release of All Claims, First Paragraph. As stated in Poulos v. Ambassador Fuel oil Co., Inc., Case No. 86-CAA-1, Sec. Order, November 2, 1987, slip op. at 2:
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 ERA.
Upon review of the terms of the Release of All Claims signed by the Complainant, and based on the record of this case, I find that the agreement is fair, adequate and reasonable and it is hereby approved. Accordingly, this case is DISMISSED.
SO ORDERED.
LYNN MARTIN
Secretary of Labor
Washington, D.C.