U.S. DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: September 12, 1995
CASE NO.: 88-ERA-9
IN THE MATTER OF
JOHN A. CORDER,
COMPLAINANT
v.
BECHTEL ENERGY CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
REMAND ORDER
On Feb. 9, 1994, the Secretary disapproved a settlement
between the parties in this case arising under the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988 & Supp. IV 1992), and remanded the case to the
Administrative Law Judge for further proceedings. Although the
Secretary had never approved the settlement, Respondent had paid
Complainant $67,500 as provided in the settlement.
The ALJ issued a Recommended Order of Dismissal on Aug. 30,
1994, recommending that this case be dismissed for lack of
prosecution because Complainant did not comply with the ALJ's
earlier order to return the proceeds of the settlement before
proceeding to hearing. For the reasons discussed in Macktal
v. Brown & Root, Inc., Case No. 86-ERA-23, Sec. Dec. Jul. 11,
1995, slip op. at 2-8, I reject the ALJ's recommendation and this
case is REMANDED for further proceedings consistent with this
order and the order of Feb. 9, 1994.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.