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USDOL/OALJ Reporter
SECRETARY OF LABOR
DATE: March 22, 1989
IN THE MATTER OF
EUGENE DUFFY,
v.
CONSOLIDATED EDISON COMPANY
BEFORE: THE SECRETARY OF LABOR
Before me for review is the Recommended Decision and Consent Order, issued on November 18, 1988, by Administrative Law Judge (ALJ) Paul H. Teitler in the above-captioned case, which arises under the employee protection provision of the Clean Air Act (CAA), 42 U.S.C. § 7622 (1982). The ALJ's decision finds that the settlement agreement entered into by the parties "is a fair settlement of the claims", and recommends that the complaint in [Page 2] this case be dismissed with prejudice. I have carefully reviewed the settlement agreement filed by the parties. This document encompasses the settlement of matters arising not only under the ERA but under other laws, such as the National Labor Relations Act, or arising at common law. As stated in Poulos v. Ambassador Fuel Co., Inc., Case No. 86-CAA-1, Secretary's Order, issued November 2, 1987, slip op. at 2,
I have, therefore, limited my review of the agreement to determining whether the terms thereof are a fair, adequate and reasonable settlement of Complainant's allegations that Respondents violated the CAA. I find the terms of the agreement within the scope of my authority to be fair, adequate and reasonable. I, therefore, adopt the ALJ's recommendation and approve the settlement entered into by the parties. Accordingly, the complaint in this case is DISMISSED WITH PREJUDICE. SO ORDERED.
ELIZABETH DOLE
Washington, D.C. |
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