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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Radelich v. Ebasco Services, Inc., 88-ERA-24 (Sec'y Aug. 3, 1989)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON, D.C.

DATE: August 3, 1989
CASE NO. 88-ERA-24

IN THE MATTER OF

RICHARD RADELICH,
    COMPLAINANT,

    v.

EBASCO SERVICES, INC.,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

ORDER APPROVING SETTLEMENT AND
DISMISSING CASE

    This case arises under Section 210 of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1982). Before me for review is a [Recommended] Order Dismissing Case and Cancelling Hearing issued September 20, 1988, by Administrative Law Judge (ALJ) Kenneth A. Jennings. On September 20, 1988, the parties filed with the ALJ a Request to Enter Dismissal with Prejudice, a Mutual Release and a Settlement Agreement executed by the parties on July 13, 1988. The settlement agreement encompasses matters arising under various laws, only one of which is the ERA. My authority over settlement agreements is limited to such statutes as are within my jurisdiction and is defined by the applicable statute. See Goese EBASCO Services, Inc., Case No. 88-ERA-25, Secretary's Order Approving Settlement and Dismissing Case issued December 8, 1988; Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Secretary's Order issued November 2, 1987; Aurich v. Consolidated Edison Company of New York, Inc., Case No. CAA-2, Secretary's Order Approving Settlement, issued July 29, 1987; Chase v. Buncombe County, N.C., Case No. 85-SWD-4, Secretary's Decision and Order on Remand, issued November 3, 1986. Accordingly, I have limited my review of the settlement agreement to determining whether its conditions are a fair, adequate and reasonable


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settlement of Complainant's allegations that Respondent violated the ERA.

    Upon review of the terms of the agreement signed by the parties, I find that this agreement is fair, adequate and reasonable. I, therefore approve the settlement and accept the ALJ's recommendation that this case be dismissed.

    Accordingly, the complaint in this case IS DISMISSED with prejudice.

    SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.



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