DATE ISSUED: March 21, 1984
Case No. 84-ERA-2

In the Matter of

LAWRENCE A. GAISKI
    Complainant

    v.

NUCLEAR PHARMACY, INC.
    Respondent

    This is a proceeding arising under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. §5851(a)("Act"). The Complainant, Lawrence A. Gaiski, was discharged by the Respondent on October 3, 1983. The Complainant alleged that he was discharged because of conduct protected by Section 210(a) of the Act. The Respondent alleged that the Complainant was discharged for legitimate reasons relating to on-the-job conduct and performance and requested a formal hearing after the Employment Standards Administration, Wage and Hour Division, made an initial determination on November 4, 1983.

    A hearing was scheduled for January 19, 1984, by verbal stipulation of the parties, in Harrisburg, Pennsylvania. Shortly before hearing date, the parties announced that they had entered into a settlement agreement (attached). The settlement agreement, incorporated by reference herein, is accepted and approved. The agreed settlement constitutes my findings of fact and conclusions of law.

    So ordered.

       CHARLES E. STRATTON
       Administrative Law Judge

CES/bjh