DATE: September 14, 1990
CASE NO. 86-ERA-27

IN THE MATTER OF

BLAINE P. THOMPSON,
    COMPLAINANT,

    v.

ARIZONA PUBLIC SERVICE COMPANY/
ARIZONA NUCLEAR POWER PROJECT,

    RESPONDENT,

    and

COALITION FOR RESPONSIBLE
ENERGY EDUCATION (CREE),

    INTERVENOR.

BEFORE: THE SECRETARY OF LABOR

    On May 18, 1987, Administrative Law Judge (ALJ) Alexander Karst issued a recommended Decision and Order (D. and O.)

approving a settlement agreement entered into by the parties on May 15, 1987. By letter dated June 22, 1987, counsel for Complainant requested approval of the parties' settlement agreement. On September 17, 1987, the Secretary issued an order approving the settlement and dismissing the case with prejudice. On appeal, the United States Court of Appeals for the Ninth Circuit reversed that order and remanded for further proceedings. Thompson v. United States Department of Labor, 885 F.2d 551 (1989).

    I have now reconsidered this matter and again reviewed the terms of the agreement which I find to be fair, adequate and reasonable. I, therefore, agree with the ALJ's recommendation,¹ and I approve the settlement.

    Accordingly, this case is DISMISSED without prejudice.

    SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.

¹ The ALJ states that the settlement agreement constitutes his "findings of fact and conclusions of law." D. and O. at 2. Where a complaint is resolved as a result of a voluntary compromise by the parties, it is unnecessary for an ALJ to make findings of fact and reach conclusions of law. Moreover, it is inappropriate here inasmuch as the parties have agreed that "1[t]his settlement shall not be construed as an admission of any wrongdoing by any of the parties, nor shall it be construed as an adjudication on the merits for or against either party." Settlement Agreement at 2, paragraph 2.