DATE: October 24, 1990
CASE NO. 90-ERA-41

IN THE MATTER OF

BILLY B. NEELY,
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

CASE NO. 90-ERA-42

IN THE MATTER OF

BILLY B. NEELY,
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

   The above-captioned cases, arising under the employee protection provision of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1982), have been transmitted to me for review of the recommended orders of dismissal by the administrative law judge (ALJ) assigned to each case. Each recommended order of dismissal is based on a single settlement agreement purporting to settle in one document both of the captioned complaints by the Complainant against Respondent. In

Case No. 90-ERA-41, ALJ Lawrence E. Gray submitted a Recommended Order of Dismissal on September 24, 1990, recommending dismissal of the case with full prejudice upon finding that the Conciliation Agreement is fair and consistent with applicable provisions of law. In Case No. 90-ERA-42, ALJ Rudolf L. Jansen issued a Recommended Order as Dismissal on September 12, 1990, recommending dismissal of the case upon finding that the Conciliation Agreement is fair, adequate and reasonable, and in the public interest as a basis for administrative disposition of the case.

   The Conciliation Agreement on its face attempts to settle both of the captioned cases. For reasons of expedience and administrative economy, the cases are hereby CONSOLIDATED for the purpose of reviewing the dismissals of both cases pursuant to a common settlement. See Fed. R. Civ. P. 42(a), as made applicable by 29 C.F.R. §18.1(a) (1989).

   I note that the Conciliation Agreement appears to encompass the settlement of matters arising under various laws, only one of which is the ERA. See, e.g., Conciliation Agreement Paras. 4, 5, 6, 7. For the reasons set forth in Poulos v. Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order, 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 Conciliation Agreement has been carefully reviewed and I find its terms to be fair, adequate and reasonable. Accordingly, the agreement is approved and I accept the recommendations of the administrative law judges that these cases be, and they are hereby, DISMISSED with prejudice. See Parties' proposed Recommended Order of Dismissal (90-ERA-41) and Joint Motion for Dismissal (90-ERA-42).

   SO ORDERED.

       ELIZABETH DOLE
       Secretary of Labor

Washington, D.C.