,
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL ORDER APPROVING SETTLEMENT
This case arises under the Energy Reorganization Act of 1974 (ERA), as
amended, 42 U.S.C. §5851 (1988 and Supp. IV 1992). The parties submitted a Stipulation
on Remanded Issues to the Administrative Law Judge (ALJ) seeking approval of the stipulation
and dismissal of the complaint. The ALJ issued a Recommended Decision and Order on
November 14, 1997 approving the stipluation.
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.
The Board requires that all parties requesting settlement approval of cases
arising under the ERA provide the settlement documentation for any other alleged claims arising
from the same factual circumstances forming the basis of the federal claim, or to certify that no
other such settlement agreements were entered into between the parties. Biddy v. Alyeska
Pipeline Service Company , ARB Case Nos. 96-109, 97-015, Final Order Approving
Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3. Accordingly, the parties have
certified that the agreement constitutes the entire and only settlement agreement with respect to
the Complainants' claims. See Joint Response to Order of November 26, 1997.
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. See Stipulation page 1.
SO ORDERED.
DAVID A. O'BRIEN
KARL J. SANDSTROM
[ENDNOTES]
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