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| September 25, 2008 DOL Home > OALJ Home > Whistleblower Collection |
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USDOL/OALJ Reporter Pye v. Atlantic Coast Mechanical, Inc., 2000-WPC-2 (ALJ July 19, 2000)
Date: July 19, 2000 Case No.: 2000-WPC-0002 In the Matter of:
HORACE D. PYE,
v.
ATLANTIC COAST MECHANICAL, INC.,
GRANTING THE WITHDRAWAL OF BOTH CLAIMANT'S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND RESPONDENT'S CROSS MOTION This case arises under the employee protection provisions of Section 507 of the Federal Water Pollution Control Act (WPCA) 33 U.S.C. § 1367. In a letter dated May 12, 2000, the claimant, Horace D. Pye, informed the Court that all outstanding issues between he and the employer, Atlantic Coast Mechanical, Inc. ("ACM"), were settled at the mediation held on April 27. The claimant submitted to the Court a settlement agreement and release in full of all claims executed on May 23, 2000 ("agreement"). The agreement was signed by Pye, Pye's counsel, the executive vice president of ACM, and ACM's counsel. The undersigned has reviewed and approved the Agreement, and it is attached to this order. In a related matter, on May 17, 2000, Pye filed a Motion to Enforce Settlement Agreement and for Sanctions, Attorney's Fees and Expenses ("Motion"). On June 1, 2000, ACM filed a Reply Brief in opposition to Pye's Motion and a Cross Motion for Sanctions and Attorney's fees ("Cross Motion"). In a letter dated June 6, 2000, Pye agreed to withdraw his Motion if ACM withdrew its Cross Motion. In response to claimant's letter, ACM agreed to withdraw its Cross Motion in a letter dated June 8, 2000. [Page 2] Accordingly, this Court RULES that Pye's request to withdraw his Motion and ACM's request to withdraw its Cross Motion are granted.
1. The claimant's request to withdraw its May 17, 2000, Motion is hereby granted. 2. The employer's request to withdraw its June 1, 2000, Cross Motion is hereby granted. 3. The employer shall pay all amounts as provided in the Agreement between the claimant and the employer.
RICHARD K. MALAMPHY
RKM/kal
NOTICE: This 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, U. S. Department of Labor, Room S- 4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such a petition for review is timely filed with the Administrative Review Board within ten (10) business days of the date of this 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).
[Page 3]
Whereas, HORACE D. PYE ("Plaintiff') and ATLANTIC COAST MECHANICAL, INC. ("ACM or Defendant") have reached a mutually agreed upon settlement with respect to the claims of Plaintiff against ACM, the parties hereby enter the following Settlement Agreement and Release in Full of all Claims, as follows: 1. It is understood by the parties that the Defendant denies any liability to the Plaintiff with respect to all claims he has alleged against the Defendant. However, in exchange for the following mutual consideration, both Plaintiff and Defendant have agreed to compromise and settle the Plaintiff s claims:
2. In consideration of the foregoing, the receipt of which is hereby acknowledged, HORACE D. PYE hereby releases, remises, and forever discharges ATLANTIC COAST MECHANICAL, INC., together with all of ACM's related entities (including all parent companies and subsidiaries), as well as all agents, servants, independent contractors, officers, or employees, and any predecessors, successors, legal representatives or assigns of the above listed entities or individuals. Said release, remise and discharge shall be of and from every claim, demand, right or cause of action, of whatever kind or nature, arising from or growing out of HORACE D. PYE'S employment by ACM or the termination of that employment, through and including the date of the execution of this Agreement. The claims released herein include, but are not limited to, those which were or could have been set forth in United States Department of Labor Occupational Safety and Health Administration Case Number 1170018 and United States Equal Employment Opportunity Commission Charge Number 115A00296. Plaintiff agrees to take immediate action to secure dismissals with prejudice with respect to both of those matters. Plaintiff understands that the Settlement Agreement and Release is intended to cover and include any and all past, present, and future damages (including, but not limited to, back pay, lost wages, compensatory damages, punitive damages, costs and attorney's fees) arising from the aforementioned claims, including any damages which are not now known to either party, but which may later develop or be discovered, including all causes of action therefore. 3. In consideration of the items set forth previously, HORACE D. PYE agrees to indemnify and hold harmless the parties released hereby, of and from any and all demands, claims, actions or causes of action, of any kind or nature, arising out of his aforesaid employment, which may now exist or which may arise in the future and which may ever be asserted against the parties released hereby. 4. Plaintiff agrees that subsequent to the execution of this Agreement, Plaintiff will never apply for any position of employment (full time; part-time, or temporary) with ACM, nor with any of ACM's parent companies, subsidiaries, predecessors, successors, or other related entities. 5. This Release and Settlement Agreement constitutes the entire Agreement between the parties. 6. It is understood and agreed that the consideration received by Plaintiff is a full, complete and entire consideration for the Release and Settlement Agreement and by endorsing the draft issued by ACM, Plaintiff understands and agrees that there is no agreement, oral or written, express or implied, whereby the Plaintiff is entitled to receive at anytime or. in any event or upon the happening of any contingency, any future consideration of any kind whatsoever from the parties released hereby. [Page 4]
7. Plaintiff further agrees and understands that Plaintiff will not hereafter file or institute any administrative proceeding or court action against any of the parties released hereby. Further, should any suit or action nevertheless be brought, this Release and Settlement Agreement shall be a complete and conclusive defense to any such action. 8. The parties to this Agreement specifically agree that the interpretation of this Agreement shall be governed by the laws of the State of Georgia. 9. The plaintiff warrants that no other person or entity has any interest in the claims referred to in this Settlement Agreement and that Plaintiff has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 10. It is specifically agreed by the parties to this Agreement and counsel who have represented the parties to this Agreement that neither party will discuss the fact or terms of this Settlement with any person, and the Settlement shall be and remain confidential, unless disclosure is ordered by a court of competent jurisdiction after the parties to this Agreement have had the opportunity to object to such disclosure. 11. ACM shall expunge from its personnel records related to the employment of HORACE D. PYE all matters relating in any way to his September 11, 1999 employment discharge. 12. By entering into this Settlement Agreement, the undersigned represent that they have completely read the terms of the Agreement and that it has been completely read and explained to them by their counsel and that the terms are fully understood and voluntarily accepted. 13. The effective date of this Settlement Agreement and Release shall be deemed to be the date that it is executed by the Plaintiff. This 23rd day of May, 2000. /S/ HORACE D. PYE (Plaintiff)
/S/ JEFFREY A. FELSER (Counsel for Plaintiff)
ATLANTIC COAST MECHANICAL, INC.
BY: /S/ ROY E. KING
WHELCHEL, BROWN, READDICK & BUMGARTNER
/S/ JOHN E MG TNER (Counsel for Defendant)
/S/ CHARD K. STRICKLAND (Counsel for Defendant)
P. O. Box 220
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