Rigler v. American Electric Power Co./Indiana Michigan Power Co., 2002-ERA-16 and 25 (ALJ Aug. 13, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 13Aug2002

Case No. 2002-ERA-16

In the Matter of

RICHARD RIGLER
    and
MICHAEL SMITH,
    Complainants,

    v.

AMERICAN ELECTRIC POWER COMPANY/
INDIANA MICHIGAN POWER COMPANY,
    Respondent,

    and

Case No. 2002-ERA-25

RICHARD BERL SMITH,
    Complainant,

    v.

AMERICAN ELECTRIC POWER COMPANY/
INDIANA MICHIGAN POWER COMPANY,
    Respondent.

   This proceeding arises from complaints filed by the Complainants under Section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851), and its implementing regulations at 29 C.F.R. Part 24.

   The complaints were investigated and found to have merit by the Secretary. The Respondent filed objections to the Secretary's findings and requested a hearing. Thereafter, on July 8, 2002, the parties filed Confidential Settlement Agreements and Motions to Dismiss with Prejudice based on Voluntary Settlements for consideration and approval by the undersigned. Pursuant to 29 C.F.R. §70.26(b), Respondent, Indiana Michigan Power Company, requests that the settlement agreements be treated with confidentiality. I have reviewed the agreements and I enter the following findings:

   1. The agreements appear to be fair and reasonable on their face and it further appears that they effectuate the purposes and policies of the statute under which they arise;

   2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;

   3. The entire record on which this Decision and Order is based consists solely of the Complaints and the Settlement Agreements between the parties; and

   4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreements.

   Based on the foregoing, and in accordance with the agreements of the parties, IT IS ORDERED that:

   1. The Settlement Agreements be, and hereby are, APPROVED;

   2. The Complaints in this matter be, and hereby are, DISMISSED, with prejudice.

   3. The Settlement Agreements are hereby designated as confidential commercial information and will be treated as such.

       DANIEL J. ROKETENETZ
       Administrative Law Judges