Such a conference
was held by telephone on April 2, 1991. Participating in
the conference were the undersigned, Mr. Manning and counsel for
[Page 2]
Detroit Edison, Messrs. Champnella and Slazinski. Mr. Manning
expressed that he was not pleased with prior rulings of the
Administrative Law Judge, but nevertheless voluntarily executed the
accompanying settlement agreement. Mr. Manning also stated that
he had read and understood the terms and conditions of the settlement
agreement.
I have reviewed the Settlement Agreement submitted for the
approval of the Secretary of Labor. It appears that it is fair,
adequate and reasonable. Therefore, I enter the following
recommended Order:
RECOMMENDED ORDER
It is Ordered, that the attached Settlement Agreement be
APPROVED and that the complaint in the case be DISMISSED WITH
PREJUDICE. It is requesteds that because the terms of the settlement
agreement requires approval by the Secretary of Labor before
any monies are paid to the Complainant, that this matter be
accorded expeditious consideration.
DANIEL J. ROKETENETZ
Administrative Law Judge
SETTLEMENT AGREEMENT
This settlement agreement ("Settlement Agreement") is
entered into by and between WILLIAM F. MANNING ("Manning") and THE
DETROIT EDISON COMPANY ("Company" or "Detroit Edison").
1. The purpose of this agreement is to fully resolve
and prohibit the assertion, re-assertion, litigation or
re-litigation of any and all claims and actions that have been or
could have asserted, initiated or commenced through the date of
this agreement by Manning against the Company for the recovery of
back or future wages, other employment benefits, compensatory
damages, punitive damages, or legal or equitable relief of any kind
or nature, under any statute, regulation or common law theory, in
any way relating to or arising out of Manning's employment with the
Company and the termination of that employment.
2. Nothing in this agreement shall be construed to
prohibit Manning from reporting any suspected instance of illegal
activity of any nature, any nuclear safety concern, any workplace
safety concern or any public safety concern to the United States
Nuclear Regulatory Commission, the United States Department of
Labor or any other federal or state governmental agency, and shall
not be construed to prohibit manning from participating in any way
in any state or federal administrative, judicial or legislative
proceeding or investigation with respect to any claims and matters
not resolved and terminated by this Settlement Agreement.
3. For and in consideration of the total sum of Three
Thousand and 00/100 ($3,000.00) Dollars, to be paid by the Company
in accord with the terms of this Settlement Agreement, the adequacy
of which is hereby acknowledged, Manning agrees, among other
things, that he will forthwith, by the filing of Attachment A, move
for dismissal with prejudice of his claim made against the Company
in his Complaint to the United States Department of Labor, filed on
March 7, 1990, Case No. 90-ERA-28. Manning further agrees that, in
accordance with the terms of this Settlement Agreement, he will
release the Company from all claims of whatsoever nature in a
written form acceptable to the Company. The parties expressly
agree that the payment by the Company of the monetary sums provided
herein is contingent upon the Secretary of Labor approving this
settlement and the entry of an appropriate order dismissing case
No. 90-ERA-28, with prejudice.
4. The parties acknowledge that the total settlement
sum of Three Thousand and 00/100 ($3,000.00) Dollars is paid to
Manning in full settlement of all of his claims, expressly
including but not limited to alleged personal injury, emotional
injury, mental distress, pain and suffering, and compensatory
damages for any and all injuries and tortious and tortious-type
deprivations of rights, which Manning has or could have asserted
against the Company, and including any and all claims for costs and
attorney fees as might be asserted in Case No. 90-ERA-28.
5. The parties agree that the payment of the monetary
sums set forth in this Settlement Agreement shall occur within
seven (7) business days following the date that the Company
receives a True Copy of the Secretary of Labor's Order approving
this settlement and dismissing Case No. 90-ERA-28.
6. By this Settlement Agreement, Manning agrees that he
will refrain from commencing any action or suit, or prosecuting any
pending action or suit, in law or in equity, against the Company on
account of any action or cause of action which now exists or which
may hereafter accrue in his favor upon the basis of facts existing
at the date hereof.
7. Nonadmission : This Settlement Agreement constitutes
the voluntary compromise of all claims made or which could have
been made by Manning against the Company, and the parties expressly
agree that nothing herein shall be construed in any way as any
admission of any facts or any liability by the Company. The
Company expressly denies any liability whatsoever.
8. General Release : Manning agrees to execute a
general release of all his claims in a form acceptable to the
Company; the same is attached hereto and made a part of this
Settlement Agreement. Manning shall tender said general release
form to the Company as a condition for receiving payment of the
settlement sums provided by this Settlement Agreement.
9. Waiver of Rights to Seek Employment : Manning
expressly agrees that he will not, in the future, seek employment
in any job position at the Company.
10. Entire Agreement : This Settlement Agreement
contains the entire agreement between Manning and Detroit Edison
regarding the matters set forth herein. There are no other
understandings or agreements, verbal or otherwise, in relation
thereto, between the parties except as expressly set forth.
11. Reading of Agreement : In entering into this
Settlement Agreement, Manning represents that he has completely
read all the terms hereof and that upon consultation with his legal
counsel such terms are fully understood and voluntarily accepted by
him.
12. If the Secretary of Labor refuses to approve this
Settlement Agreement and refuses to dismiss Case No. 90-ERA-28,
with prejudice, then in such event, this agreement shall have no
force or effect whatsoever.
This Settlement Agreement is entered into this 1st day
of March , 1991 .
WILLIAM F. MANNING
THE DETROIT EDISON
COMPANY
BY:
GENERAL RELEASE OF ALL CLAIMS
The undersigned, WILLIAM F. MANNING, for valuable
consideration, the adequacy thereof being acknowledged by the
undersigned, on behalf of himself, his heirs, successors and
assigns, does promise, acquit, release, waive and forever discharge
THE DETROIT EDISON COMPANY, a Michigan corporation of Detroit,
Michigan, its subsidiaries, successors, assigns, officers, agents,
directors,'employees and shareholders, from any and all manner of
action or actions and causes of action, suits, debts, dues, sums of
money, accounts, contracts, wages, salaries, controversies,
agreements and promises, whether known or unknown, and any other
liability whatsoever which the said WILLIAM F. MANNING can, shall,
may have or has asserted by any act, event, matter, cause or thing
whatsoever, from all time to the date of signature hereof in any
state or federal court or before any administrative agency;
particularly, but without limitation thereto, any and all claims
for unpaid wages and any and all tort or tort-type damages,
including costs and attorneys' fees as well as any and all claims
for loss of employment and loss of seniority and/or company service
resulting from his termination of employment on or about February
6, 1990, including but not limited to any and all claims made or
which could have been made in William Manning v. Detroit Edison ,
Case No. 90-ERA-28.
It is understood and agreed that this Release
acknowledges a compromise of all claims arising out of the
employment services rendered to The Detroit Edison Company by
WILLIAM F. MANNING and is not to be construed as an admission of
liability on the part of The Detroit Edison Company or its agents
by whom liability is expressly denied, and it is made to terminate
all further controversy respecting all claims heretofore asserted
by WILLIAM F. MANNING in any way arising but of employment services
rendered to The Detroit Edison Company from all time to the date of
signature hereof.
WILLIAM F. MANNING REPRESENTS AND ACKNOWLEDGES that,
before signing this Release, he read the same; that he fully
understands its terms, content and effect; that he has had the
benefit of advice from an attorney of his own choosing; and has
relied fully and completely on his own judgment and on the advice
of his attorneys in executing this Release.
IN WITNESS WHEREOF, WILLIAM F. MANNING has executed this
full and final release of all claims as his free act and deed this
1st day of March , 1991.
WILLIAM F. MANNING
STATE OF MICHIGAN )
arising but of employment services
rendered to The Detroit Edison Company from all time to the date of
signature hereof.
WILLIAM F. MANNING REPRESENTS AND ACKNOWLEDGES that,
before signing this Release, he read the same; that he fully
understands its terms, content and effect; that he has had the
benefit of advice from an attorney of his own choosing; and has
relied fully and completely on his own judgment and on the advice
of his attorneys in executing this Release.
IN WITNESS WHEREOF, WILLIAM F. MANNING has executed this
full and final release of all claims as his free act and deed this
day of , 1991.
WILLIAM F. MANNING
STATE OF MICHIGAN )
) SS
COUNTY OF )
On this day of 1991, personally
appeared before me WILLIAM F. MANNING to me known to be the person
subscribed in and who executed the foregoing full and final release
of all claims, and who acknowledged that he executed the same as
his free act and deed.
Notary
Public
[ENDNOTES]
1 Mr. Manning's counsel, due to her
unavailability at the time of the conferences waived her participation therein.