DATE: November 5, 1993
CASE NO: 93-ERA-48
In the Matter of
WILLIAM G. HELTON
Complainant
v.
TENNESSEE VALLEY AUTHORITY
Respondent
APPEARANCES:
Donald Mart Lasley, Esquire
For the Complainant
Justin M. Schwamm, Sr.
For the Respondent
BEFORE: J. MICHAEL O'NEILL
Administrative Law Judge
RECOMMENDED ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT WITH PREJUDICE
This proceeding arises under §201 of the Energy
Reorgani-zation Act of 1974, 42 U.S.C. §5851 (1982), as
amended ("ERA"), and the implementing regulations at 29 C.F.R.
Part 24. The ERA in §5851(a), prohibits a Nuclear
Regulatory Commission ("NRC") licensee from discharging or
otherwise discriminating against an employee who has engaged in
protected activities as set forth in the Act.
[PAGE 2]
By a Joint Motion for Dismissal filed in this office on
November 1, 1993, the parties have advised that they have com-
pletely conciliated the matters in controversy as shown by the
executed agreement attached to the motion. The Memorandum of
Understanding is signed by William G. Helton, Donald Mart Lasley,
his attorney, and by Dwight E. Nunn for the Tennessee Valley
Authority. The parties jointly requested dismissal of this
proceeding with prejudice.
Because this request for dismissal is based on a settlement
agreement entered into by the parties, I must review the
agreement to determine whether the terms are a fair, adequate,
and reasonable settlement of the complaint. 42 U.S.C.
§5851(b)(2)(A); Macktal v. Secretary of Labor,
923 F.2d 1150, 1153-54 (5th Cir. 1991); Thomas v. U.S.
Department of Labor, 885 F.2d 551, 556 (9th Cir. 1989);
Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
I have reviewed the terms of the settlement agreement, and I
find it fair, adequate, and reasonable. Accordingly, it is
Recommended that the Secretary of Labor enter an order dismissing
the complaint with prejudice.
J. MICHAEL O'NEILL
Administrative Law Judge