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USDOL/OALJ Reporter
Fuchko & Yunker v. Georgia Power Co., 89-ERA-9 (Sec'y Oct. 12, 1994)


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correctly point out that the June 13, 1994 order was incorrectly served on the parties' counsel by serving them at out of date addresses, although I note that the Complainants individually were served.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.



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