Dempsey v. Fluor Daniel, Inc., 2001-CAA-5 and 2002-CAA-4 (ALJ July 2, 2003)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue Date: 02 July 2003

CASE NOS.: 2001-CAA-5
    2002-CAA-4

In the Matters of:

JOHN T. DEMPSEY,
    Complainant

v.

FLUOR DANIEL, INC.
    Respondent.

   This case arises under the Clean Air Act ("CAA"), 42 U.S.C. § 7622, and the implementing regulations at 29 C.F.R. Part 24. On June 27, 2003, the Respondent submitted a Motion to Approve Settlement Agreement and Dismiss Action, to which was attached a settlement agreement. The CAA requires that the Secretary must enter into or otherwise approve the settlement of a whistleblower complaint. 42 U.S.C. § 7622(b)(2)(A). The Secretary's participation is effected by the adjudicator's order finding that the settlement is fair, adequate and reasonable. See McDowell v. Doyon Drilling Services, Ltd., 1996-TSC-8 (ARB May 19, 1997).

   I have carefully reviewed the terms of the settlement agreement submitted in this matter and after reviewing these terms, I find the settlement to be a fair, adequate and reasonable settlement of the complaint that led to this proceeding. I interpret the confidentiality provision in ¶ 8 of the Settlement Agreement requiring Complainant not to disclose the terms or substance of the Settlement Agreement except with his attorney, financial advisors, and immediate family, as not restricting any disclosure where required by law. See Bragg v. Houston Power & Lighting Co., 1994-ERA-38 (Sec'y June 19, 1995).

   Accordingly, it is hereby RECOMMENDED that the settlement agreement between the Complainant, John Dempsey, and the Respondent, Fluor Daniel, Inc., be APPROVED and that the matter be DISMISSED WITH PREJUDICE.

      JOHN M. VITTONE
      Chief Administrative Law Judge

NOTICE OF REVIEW: 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 reviewed 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, DC, 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 (2001).