DATE: March 4, 1992
CASE NO. 91-ERA-16
IN THE MATTER OF
BRIAN H. WILLIAMSON,
COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
8efore me for review is the Recommended Order of
Dismissal, issued January 30, 1992, by the Administrative
Law Judge (ALJ) in this case, under the employee protection
provision of the Energy Reorganization Act of 1974, as
amended (ERA). 42 U.S.C. ~ 5851 (1988). The ALJ found the
agreement fair, adequate and reasonable, seeFuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at
1-2, and recommended that the agreement be approved and the
case dismissed with full prejudice.
Review of the Memorandum of Understanding and Agreement
reveals that it may encompass the settlement of matters under laws
other than the ERA. See e.g., Agreement first and second
unnumbered paragraphs, ¶ 2 and 4. As stated in Poulos
v.Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-l,
Sec. Order, Nov. 2, 1987, slip op. at 2:
[The Secretary's] authority over settlement agreements is
limited to such statutes as are within tthe Secretary's]
jurisdiction and is defined by the applicable statute.
SeeAurich v. Consolidated EdisonCompany of New York. Inc., Case No. ~86-}CAA-2,
Secretary's Order Approving
[PAGE 2]
Settlement, issued July 29, 1987; Chase v. Buncombe
County. N.C., Case No. 85-SWD-4, Secretary' 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 Respondent violated the ERA.
Upon review of the terms of the agreement signed by the
parties, and based on the record of this case, I find that
the agreement is fair, adequate and reasonable. I therefore
accept the ALJ's recommendation that the agreement be
approved. Accordingly, this case is DISMISSED WITH
PREJUDICE. SO ORDERED.
LYNN MARTIN
Secretary of Labor
Washington, D.C.