DATE: July 9, 1990
CASE NO. 90-ERA-7

IN THE MATTER OF

SANG JOO KIM,
    COMPLAINANT

    v.

UNIVERSITY CITY SCIENCE CENTER (UCSC),
    RESPONDENT

   This case arises under the employee protection provisions of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1982).

   A hearing was held before me on June 21, 1990 at which the Respondent was represented by counsel but the Complainant neither appeared personally nor was represented. At the hearing counsel for the Respondent stated that the parties had negotiated a settlement agreement and therefore there was no need for a hearing or a determination of the merits of the complaint. At that time I perused the written settlement agreement (which was not fully executed) and expressed the view that portions of it were unacceptable to me (viz., provisions pertaining to settlement of matters arising under statutes other than the ERA and that the Complainant withdraw complaints he has

(filed with the Nuclear Regulatory Commission). Consequently, I rescheduled the hearing for a later date.

   No further hearing was held because on June 26, 1990 the Respondent forwarded to me a fully executed "Settlement Agreement" which contains no provision which I find inappropriate. I have carefully reviewed the terms of the Settlement Agreement, which includes a provision that the Complainant withdraw with prejudice the complaint herein, and find that it is a fair, adequate and reasonable settlement of the Complainant's allegations that the Respondent violated the ERA.

   I therefore have indicated my approval on the parties' agreement and, pursuant to 29 C.F.R. §24.6(a), I recommend that the Secretary of Labor approve the settlement agreement and order the complaint herein dismissed with prejudice.

        ROBERT D. KAPLAN         Administrative Law Judge

   This is a Settlement Agreement entered into this 25th day of June, 1990, by and between SANG JOO KIM and THE UNIVERSITY CITY SCIENCE CENTER. Kim's employment with the University city Science Center was terminated effective October 31, 1989. Thereafter Kim filed a Complaint with the U.S. Department of Labor alleging that the Science Center violated Kim's rights under federal law. Kim and the Science Center desire to settle all of the claims which were made or could have been made in that Complaint. In consideration of the following and intending to be legally bound, it is agreed by the parties as follows:

   1. In complete settlement of all claims for any injury, compensation or expenses, including back pay, front pay, lost benefits, compensatory and punitive damages, reinstatement, attorneys' fees and costs, the Science Center shall, upon full execution of this Settlement Agreement and approval by the U.S. Department of Labor, pay Kim Twenty Five Thousand Dollars ($25,000.00).

   2. Kim shall withdraw with prejudice his Complaint with the Department of Labor, Docket No. 90-ERA-7. The Science Center shall withdraw with prejudice its Notice of Appeal in Department of Labor Docket No. 90-ERA-7.

   3. The Science Center has no interest in using or keeping the research data generated by Kim during the course of his employment with the Science Center and by this Agreement transfers all rights it may have to the data to Kim. The parties will continue to use their reasonable beat efforts to obtain the research data generated by Kim from the external hard disc drive (commonly known as "C" drive) by October 31, 1990. Kim shall not be obligated to contribute any money towards that effort. In the event the external hard disc drive ("C" drive) is made operable, the Science Center will make reasonable arrangements to assist Kim in obtaining the research data. In the event the "C" drive is not made operable by October 31, 1990, the Science Center shall give Kim the "C" drive and will make available to Kim on a reasonable basis the computer monitor, keyboard and printer for the purpose of assisting Kim in obtaining the research data.

   5. This Settlement Agreement does not represent an admission of any kind on the part of the University City Science Center or others acting on its behalf. The Science Center expressly denies that any of its acts or practices were or are in violation of any federal, state or local law applicable to it and the Science Center expressly denies that it has any liability in this or any other proceeding.

   6. Kim acknowledges that this Agreement is a matter between the Science Center and him. He agrees to not disclose its terms to any individual or entity except as required by law.

   7. This Agreement has been entered into after negotiation between Kim and the Science Center. Kim has reviewed this Settlement Agreement with legal counsel and enters into it knowingly and voluntarily. Kim has read this Agreement and intends to be legally bound by it.

   SANG JOO KIM

   UNIVERSITY CITY SCIENCE CENTER        BY:

       ROBERT S. KRUTSICK

APPROVED:

ROBERT D. KAPLAN, JR.