DATE: March 23, 1989
CASE NOS. 89-ERA-9 and 89-ERA-10
IN THE MATTER OF
JOHN M. FUCHKO AND
GARY A. YUNKER,
COMPLAINANTS,
v.
GEORGIA POWER CO.,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER TO SUBMIT SETTLEMENT AGREEMENT
Administrative Law Judge (ALJ) Daniel A. Sarno submitted a
[recommended] Order Granting Stipulation of Dismissal with
Prejudice to me on February 2, 1989, in this case arising under
the employee protection provision of the Energy Reorganization
Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1982). The
ALJ's order states that the parties filed a Stipulation of
Dismissal with Prejudice which was based on "a full settlement"
of these matters. The ALJ granted the motion for dismissal under
29 C.F.R. § 18.9(c)(2) (1988).
1Section 5851(b)(2)(A) of the ERA
provides in pertinent part that "the Secretary shall, unless the proceeding on the complaint
is terminated by the Secretary on the basis of a settlement
entered into by the Secretary. . . issue an order either
providing the relief prescribed by subparagraph (B) or denying
the complaint." (emphasis added).