FINAL ORDER APPROVING SETTLEMENT
This case arises under the employee protection provision of the Energy
Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988). This case was
remanded to the Administrative Law Judge (ALJ) in 1994. Prior to a hearing on remand, the
parties informed the ALJ that the Complainant has withdrawn his complaint with prejudice.
Consequently, the ALJ issued a Recommended Decision and Order Granting Withdrawal of
Complaint With Prejudice.
The parties have submitted a joint motion for approval of the ALJ's
decision and attached a settlement agreement to the motion. Since the motion is based on an
agreement entered into by the parties, we must review the agreement to determine whether the
terms are a fair, adequate and reasonable settlement of the complaint. 42 U.S.C. §
5851(b)(2)(A) (1988). Macktal v. Sec'y of Labor, 923 F.2d 1150, 1153-1154 (5th Cir.
1991); Thompson v. United States Dept. 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.
The agreement encompasses the settlement of matters arising under
various laws, only one of which is the ERA. See ¶ 2 and 5. For the reasons set
forth in Poulos v. Ambassador Fuel Oil Co., Inc. , Case No. 86-CAA-1, Sec. Order, Nov.
2, 1987, slip op. 4, we have limited our review of the agreement to determining whether its terms
are a fair, adequate and reasonable settlement of the Complainant's allegations that Respondent
violated the ERA.
Paragraph 4 provides that the Complainant agrees not to disclose
the terms of the agreement other than those persons who are essential to its consummation or as
may be required by law. It also provides that the agreement shall not restrict Complainant from
discussing any aspects of his employment with Respondent with any individual, corporation, or
governmental agency.
Paragraph 9 provides that the agreement shall be enforced in
accordance with federal law and the laws of the State of New Hampshire.
We find that the agreement, as here construed, is a fair, adequate
and reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and
DISMISS THE COMPLAINT WITH PREJUDICE.
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM
Member
JOYCE D. MILLER
Alternate Member
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