FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING CASE
Before me for review is the Recommended Order of Dismissal
(R.O.) of Administrative Law Judge Rudolf L. Jansen, issued on
November 21, 1990, in the captioned case arising under the
employee protection provision of the Energy Reorganization Act of
1974, as amended (ERA), 42 U.S.C. §5851 (1982). Finding the
terms of the settlement agreement entered into by the parties to
be fair, adequate and reasonable, the ALJ recommended approval of
the agreement and granting of the Joint Motion of Dismissal
requesting dismissal of the case with prejudice.
Review of the Memorandum of Understanding and Agreement
entered into by the parties reveals that it may encompass the
settlement of matters arising under various laws, only one of
which is the ERA. For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc. , Case No. 86-CAA-1, Sec. Order,
[Page 2]
November 2, 1987, slip op. at 2, I have limited my review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of Complainant's allegations that
Respondent violated the ERA.
The Memorandum of Understanding and Agreement has been
carefully reviewed and I find it fair, adequate and reasonable.
I, therefore, accept the ALJ's recommendation that the settlement
be approved and the case be dismissed with prejudice as requested
by the parties.
SO ORDERED.
Acting Secretary of Labor
Washington, D.C.
[ENDNOTES]
1
There is presently a vacancy in the office of Secretary of
Labor. The Deputy Secretary is authorized to "perform the duties
of the Secretary until a successor is appointed. . . ." 29 U.S.C.
§552. (1988).