Case No. 92-ERA-54

In the Matter of:

ROD ANDERSON
    Complainant

    v.

WACKENHUT CORPORATION
    Respondent

   This proceeding arises under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1982)1 as amended, and the regulations promulgated thereunder at 20 C.F.R. Part 24 which are employee protective provisions of the ERA or of the Atomic Energy Act of 1954, as amended, 42 U.S.C. § 2011, et seq. The Secretary of Labor is empowered to investigate and determine "whistleblower" complaints filed by employees at facilities licensed by the Nuclear Regulatory Commission (NRC) who are allegedly discharged or otherwise discriminated against with regard to their terms and conditions of employment for taking any action relating to the fulfillment of safety or other requirements established by the NRC.

   On November 12, 1992, counsel for complainant filed a Motion To Dismiss With Prejudice based upon a compromise of the outstanding issues. On November 12, 1992, the parties further advised that they have completely conciliated the matters in controversy as shown by an executed General Release, Waiver of Employment and confidentiality Agreement. The Agreement is dated November 9, 1992, and is signed by complainant Rod Anderson, his attorney and counsel for Respondent.

   I have reviewed the terms of the agreement, and I find such

terms fair, adequate and reasonable under the circumstances. Accordingly, it is recommended that the Secretary of Labor enter an order dismissing this proceeding with full prejudice.

   ORDERED this 30th day of November, 1992, at Metairie, Louisiana.

       LEE J. ROMERO, JR.
       Administrative Law Judge