Jackson v. Northrop Grumman Corp., 2002-CAA-15 (ALJ Mar. 5, 2003)

U.S. Department of Labor

Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 (504) 589-6268 (FAX)

Issue Date: 05 March 2003

CASE NUMBER: 2002-CAA-15

IN THE MATTER OF

DANTE JACKSON,
    Complainant

    v.

NORTHROP GRUMMAN CORP.,
    Respondents

   The February 19, 2003 Order Recommending Approval of Confidential Settlement Agreement, General Release and Stipulation of Voluntary Dismissal stated that the matter would be referred to the Administrative Review Board for issuance of a final order in accord with 29 C.F.R. § 24.7 and § 24.8. Under the governing regulations, however, the approval by the presiding administrative law judge of a settlement of a Clean Air Act whistleblower complaint becomes final by operation of law unless a party petitions for review by the ARB in time to be received by the ARB within ten business days of the date of the recommended decision of the administrative law judge. Accordingly, no act of approval is required by the ARB and my Order approving the settlement agreement is final unless a party makes a timely petition.

       CLEMENT J. KENNINGTON
       Administrative Law Judge