Gault v. Carpenter Technology Corp., 2003-SOX-21 (ALJ Sept. 3, 2003)

U.S. Department of Labor

Office of Administrative Law Judges Seven Parkway Center - Room 290 Pittsburgh, PA 15220 (412) 644-5754 (412) 644-5005 (FAX)

Issue Date: 03 September 2003
Case No.: 2003-SOX-21

In the Matter of:

MARK S. GAULT,
    Complainant

    v.

CARPENTER TECHNOLOGY CORPORATION,
    Respondent

   This proceeding arises from a complaint filed by Mark Gault against Carpenter Technology Corporation, alleging violations of the employee protection provisions in Section 806 of the Sarbanes-Oxley Act of 2002, codified in 18 U.S.C. § 1514A ("the Act").

   On August 27, 2003, the parties submitted a Settlement Agreement, General Release and Non-Disclosure Agreement ("Settlement Agreement"), which was fully executed on August 22, 2003. The parties also submitted a Stipulation to Dismiss, executed by the parties' respective counsel. The Settlement Agreement resolves the action and dispute under the Act. However, I additionally note that the Settlement Agreement contains provisions that relate to present and future actions by the Complainant under other statutes; I have no authority to approve such provisions and this Order makes no determination regarding the propriety of those provisions.

   I have reviewed the parties' Settlement Agreement with regard to the complaint under the Act, and I make the following findings:

   1. The Settlement Agreement appears to be fair and reasonable on its face and to effectuate the purposes and policies of the Act.

   2. By their agreement, the parties are deemed to have waived any further proceedings before the U.S. Department of Labor for matters that are the subject of the Settlement Agreement.

   3. This Order shall have the same force and effect as a Decision and Order issued after a full hearing on the merits.

   Accordingly,

    IT IS HEREBY ORDERED that the Settlement Agreement is APPROVED.

    IT IS FURTHER ORDERED that the complaint under the Sarbanes-Oxley Act is DISMISSED WITH PREJUDICE.

   IT IS FURTHER ORDERED that the hearing in this matter scheduled for October 21, 2003, in Pittsburgh, Pennsylvania, is hereby CANCELLED.

      DANIEL L. LELAND
      Administrative Law Judge