DATE: June 30, 1998

CASE NUMBER 97-ERA-60

In the Matter of

JERRY D. DAVIS
    COMPLAINANT,

    v.

SGN EURISYS SERVICES, FLUOR DANIEL HANFORD CO.,
NUMATEC HANFORD, INC., LOCKHEED MARTIN HANFORD,
and INFORMATICS, INC.
    RESPONDENTS.

   The above-captioned matter arises under 42 U.S.C. §5851(b)(1), the employee protection provision of the Energy Reorganization Act of 1974, as amended. On March 23, 1998 the parties submitted a proposed settlement agreement that, if approved, would resolve all disputed issues, including costs and attorney's fees,a nd allow for the dismissal of this matter with prejudice. Thereafter, the Office of the Solicitor reviewed the proposed agreement and submitted a letter indicating that certain clauses of the agreement might be interpreted in such a manner as to limit the parties' rights to communicate with governmental agencies or to restrict the Secretary of Labor's right to seek enforcement of the agreement in a Federal District Court. In response, on June 19, 1998 the parties submitted an addendum to the agreement specifically providing that the foregoing clauses in no way prevent the parties from communicating with government agencies or restrict the Secretary of Labor's statutory right to seek to enforce the agreement in a Federal District Court.

   As required by the relevant regulations and statutory provisions, I have carefully reviewed the entire agreement, including the addendum submitted on June 19, 1998. After doing so, I have concluded that the terms of the agreements are, in fact, fair, adequate and reasonable. I therefore recommend that the agreement be approved.

   Accordingly, it is recommended:

   1. That the Secretary of Labor or his designees on the Administrative Review Board approve the settlement agreement;

   2. That the claim of Jerry D. Davis against the above-referenced respondents be dismissed with prejudice.

       Paul A. Mapes
       Administrative Law Judge

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).