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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Blake v. Hatfield Electric Co., 87-ERA-4 (Sec'y May 28, 1992)


DATE: May 28, 1992
CASE NO. 87-ERA-4


IN THE MATTER OF
ARLEY BLAKE,
          COMPLAINANT,

v.

HATFIELD ELECTRIC COMPANY,
RESPONDENT.


BEFORE:  THE DEPUTY SECRETARY OF LABOR [1]


                   ORDER APPROVING SETTLEMENT
                       AND DISMISSING CASE

    The Administrative Law Judge (ALJ) submitted a Supplemental
Recommended Decision (S.R.D.) in this case arising under the
employee protection provision of the Energy Reorganization Act of
l974, as amended (ERA), 42 U.S.C.  5851 (1988).  Previously I had
affirmed the ALJ's Recommended Decision on the merits and had
remanded the case to calculate back pay and attorney's fees and
determine other appropriate relief.  While the case was before
the ALJ, the parties entered into a settlement which the
ALJ recommends I approve.
    The Stipulation for Approval of Settlement and for
Dismissal with Prejudice and the Release Agreement
referred to in the Stipulation have been reviewed, and the release agreement
appears to encompass the settlement of matters arising under
various laws, only one of which is the ERA.  I have limited
my review of the settlement to determining whether its terms
are a fair, adequate and reasonable settlement of
Complainant's allegation that Respondent violated the ERA.  

[PAGE 2] Poulos v. Ambassador Fuel Oil Co.. Inc., Case No. 86-CAA-1, Sec. Order Nov. 2, 1987, Slip Op. at 2. Upon review I find the terms of the settlement within the scope of my authority under the ERA to be fair, adequate and reasonable, and to that extent I approve it. Accordingly, the complaint in this case is DISMISSED with prejudice. Release Agreement at 3. SO ORDERED. Deputy Secretary of Labor Washington D.C. [ENDNOTES] [1] By order of December 23, 1991, the Secretary recused herself and delegated to me all responsibility and authority in this case.



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