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September 23, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Van Beck v. Daniel Construction Co., 86-ERA-26 (Sec'y Feb. 10, 1994)



DATE:  February 10, 1994
CASE NO.86-ERA-26


IN THE MATTER OF

MARVIN VAN BECK,

          COMPLAINANT,

     v.

DANIEL CONSTRUCTION COMPANY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT 
                         AND DISMISSING COMPLAINT

     Before me for review is the Recommended Order of Dismissal
(R.O.) of the Administrative Law Judge (ALJ) in this case arising
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988).  This case was before the ALJ on remand from the
Secretary for further consideration of the appropriate back pay
award pursuant to the Decision and Order of Remand issued on
August 16, 1993.  Before the ALJ, the parties submitted a fully
executed settlement agreement and Complainant requested
withdrawal of his complaint with prejudice.  The ALJ recommended
approval of the settlement agreement and dismissal of the
complaint with prejudice.

     Upon careful review of the settlement agreement, I find the
terms of the agreement to be fair, adequate and reasonable to
settle Complainant's allegations the Respondent violated the ERA,
and I approve it.  
     Accordingly, the complaint is dismissed with prejudice.


[PAGE 2] SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.



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