DATE: March 14, 1990
CASE NO. 90-ERA-0013

IN THE MATTER OF

WALTER E. RUGGLES,
    COMPLAINANT,

    v.

LUMBERMENS MUTUAL CASUALTY
COMPANY,

    and

IOWA ELECTRIC POWER AND LIGHT
COMPANY,
    RESPONDENTS.

BEFORE: THE SECRETARY OF LABOR

   On January 9, 1990, Administrative Law Judge (ALJ) Charles P. Rippey issued a Recommended Decision and Order in this case which arises under the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1982), and its implementing regulations. The case is now before me for review. 29 C.F.R. §24.6(b) (1989).

   By letter dated February 5, 1990, counsel for Respondent Lumbermens Mutual Casualty Company submitted to me a Settlement Agreement and General Release signed by Complainant and representatives of both Respondents. In the interest of judicial

economy, rather than remand the case to the ALJ to review the settlement and submit a new recommended decision, I have proceeded to review the Settlement Agreement and General Release.

   Paragraph 2 of the agreement may encompass the settlement of matters arising under various laws, only one of which is the ERA. As stated in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Secretary's Order, issued November 2, 1987, slip op. at 2:

[The Secretary's] authority over settlement agreements is limited to such statutes as are within [the Secretary's] jurisdiction and is defined by the applicable statute. See Aurich v. Consolidated Edison Company of New York, Inc., Case No. [86-]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.

I have, therefore, limited my review of the agreement to determining whether the terms thereof are a fair, adequate and reasonable settlement of Complainant's allegation that Respondents violated the ERA.

   Upon review I find the terms of the agreement, except as limited above, to be fair, adequate and reasonable. I therefore accept and approve the settlement. This case is dismissed.

   SO ORDERED.

       Elizabeth Dole
       Secretary of Labor

Washington, D.C.