DATE ISSUED: August 13, 1984
Case No. 83-ERA-2

In the Matter of

WILLIAM D. PENSYL
    Complainant

    v.

CATALYTIC, INC.
    Respondent

    This is a proceeding arising under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851 (hereafter referred to as ERA or the Act). By Decision and Order dated January 13, 1984, the Secretary of Labor remanded this case to the Office of Administrative Law Judges for a hearing on the merits to determine whether the usual elements of a retaliatory adverse action case under the Act exists here.

    A hearing was scheduled for April 11, 1984, in Harrisburg,

Pennsylvania. On April 9, 1984, the Presiding Judge continued the hearing based upon the representation that the parties had agreed to settle the case. On August 2, 1984, the parties filed their Settlement Agreement and Stipulated Order of Dismissal. Attached to the settlement was a letter dated July 2, 1984, which contained language the parties agreed to have incorporated as an express provision of the settlement agreement. On August 10, 1984, a pleading styled "Motion to Dismiss Complaint Upon Settlement by Parties" was filed by the Complainant. Attached to the motion was a letter dated August 7, 1984, which contained additional language the parties agreed to have incorporated as an express condition of the settlement agreement.

    The agreement, modified as stated above, is incorporated by reference herein. That agreement is accepted and approved. The agreed settlement constitutes my findings of fact and conclusions of law. Furthermore, the motion to dismiss is granted.

    So ordered.

       DANIEL A. SARNO, JR.

       Administrative Law Judge

DAS/env