September 24, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter
Office of Administrative Law Judges Suite 201 55 West Queens Way Hampton, Virginia 23669 804-722-0571
DATE: August 8, 1988 IN THE MATTER OF
STEVEN L. BOHAN, v.
TENNESSEE VALLEY AUTHORITY, Appearances:
Donald K. Vowell, Esq.
Brent R. Marquand, Esq.
BEFORE: Theodor P. von Brand
MOTION TO VACATE DUE TO SETTLEMENT On June 23, 1988, a Recommended Decision and Order was issued in the above-captioned case, proposing that Complainant be compensated for wages lost due to Respondent's unlawful discharge. Respondent filed a motion for reconsideration on June 28, 1988, and the time for submitting a supporting brief was extended to July 15, 1988. Subsequently, by letter dated August 5, 1988, the parties filed a recommended order of dismissal based on their settlement of the issues in controversy. Initially, since Respondent did not submit a brief in support of its motion for reconsideration, that motion is hereby denied for failure to demonstrate any basis for reconsideration. Secondly, the parties offered no information regarding the substance of their settlement. Previously, the Office of Administrative Appeals has indicated that, before a recommended decision and order has been issued, an administrative law judge may dismiss a case, where the parties do not wish to disclose the terms of the settlement, without issuing a recommended decision to be transmitted to the Office of Administrative Appeals. However, in the instant matter, settlement was not reached until after the Recommended Decision and Order had been referred to the Office of Administrative Appeals. Consequently, the established procedures do not apply here. Without more information regarding the parties' settlement, the undersigned is unable to make any recommendation regarding their request for dismissal. The Office of Administrative Appeals already has before it the undersigned's Decision and Order of June 23, 1988. The parties' request for a recommended order of dismissal is denied. However, the parties proposed order of dismissal is referred to the Office of Administrative Appeals for such consideration as the Secretary may deem appropriate.
THEODOR P. VON BRAND
TPvB/KKC/jbm
|
||||||||
|