DOL Home > OALJ > Whistleblower > Hammer v. Brush Wellman, Inc., 93-SDW-2 (Sec'y Sept. 29, 1993) |
DATE: September 29, 1993 CASE NO. 93-SDW-2 IN THE MATTER OF JEFFREY P. HAMMER, COMPLAINANT, v. BRUSH WELLMAN, INC., RESPONDENT. BEFORE: THE SECRETARY OF LABOR FINAL ORDER APPROVING SETTLEMENT AND DISMISSING COMPLAINT WITH PREJUDICE Before me for review is the Recommended Order Approving Settlement and Dismissing Complaint (R.O.) of the Administrative Law Judge (ALJ) in this case arising under the employee protection provisions of the Safe Drinking Water Act, 42 U.S.C. § 300j-9(i) (1988) (SDWA), the Solid Waste Disposal Act, 42 U.S.C. §6971 (1988) (SWD), and the Toxic Substances Control Act, 15 U.S.C. § 2622 (1988) (TSC). The ALJ recommended approval of the Settlement Agreement and Release submitted by the parties and dismissal of the complaint with prejudice as requested by the parties therein. The terms of the Settlement Agreement and Release have been carefully reviewed. I note that the Agreement may encompass the settlement of matters arising under various laws, not only those enumerated above. See Agreement at ¶ 7. For the reasons set forth in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, I have limited my review of the Agreement to determining whether its terms are fair, adequate, and reasonable to settle Complainant's allegations that Respondent violated the SDWA, SWD and TSC. I also note that certain language in the Agreement could be
[PAGE 2] construed as a waiver by Complainant of causes of action he may have which arise in the future. See Agreement at ¶ 7. Because a waiver of Complainant's rights based on future employer actions would be contrary to public policy, I interpret these provisions as limited to a waiver of the right to seek damages in the future based on claims or causes of action arising out of facts or any set of facts occurring before the date of the agreement. See Polizzi v. Gibbs and Hill, Case No. 87-ERA-38, Sec. Ord. Rejecting in Part and Approving in Part Settlement Submitted by the Parties and Dismissing Case, July 18,1989, slip op. at 9, and cases cited therein. As so construed, I find the terms of the agreement to be fair, adequate and reasonable, and therefore approve the Settlement Agreement. Accordingly, the complaint is dismissed with prejudice. See Agreement at ¶ 3. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.