DATE: October 12, 1994
CASE NOS. 89-ERA-9
89-ERA-10
IN THE MATTER OF
JOHN M. FUCHKO and
GARY A. YUNKER,
COMPLAINANTS,
v.
GEORGIA POWER COMPANY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT
AND DISMISSING CASE
On June 13, 1994, I issued an order in this case granting
conditional approval to a redacted settlement submitted by the
parties and giving the parties 30 days to submit an unredacted
copy of the settlement for review. The parties have now
submitted an unredacted copy of the settlement [1] and I find,
with the limitations noted in my June 13 order, that it is a
fair, adequate and reasonable settlement of Complainants' claims
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988), and I approve it.
Accordingly, this case is DISMISSED with prejudice. Release
and Settlement Agreement, ¶ 5 (d); Stipulation of Dismissal
with Prejudice dated Jan. 31, 1989.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
[PAGE 2]
Washington, D.C.
[ENDNOTES]
[1] The parties correctly point out that the June 13, 1994
order was incorrectly served on the parties' counsel by serving
them at out of date addresses, although I note that the
Complainants individually were served. For that reason, the
parties did not respond to the June 13 order within the time
prescribed and the Secretary issued an order on September 19,
1994 remanding this case to the Administrative Law Judge for a
hearing. The order issued today fully resolves this matter and
the record will reflect that the parties did not fail to comply
with the June 13 order.