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USDOL/OALJ Reporter
Delaney v. Stone & Webster Engineering Corp., 93-ERA-52 (ALJ Dec. 3, 1993)


DATE:  DECEMBER 3, 1993

CASE NO.:  93-ERA-52

In the Matter of

     WILLIAM F. DELANEY

               Complainant

          v.

     STONE & WEBSTER ENGINEERING CORP.

               Respondent



                   RECOMMENDED ORDER OF DISMISSAL

     This case arises under the employee protection provisions of
the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 
§5851.  By way of a Notice of Hearing issued on September
27, 1993, this case was scheduled to be heard commencing on
January 14, 1994 in Huntsville, Alabama.

     On November 26, 1993, counsel advised the undersigned that
an administrative disposition of this case had been reached and
submitted a Settlement Agreement and also a Recommended Decision
and Order dismissing the complaint with prejudice.  The settle-
ment documents incorporate the understanding of the parties as to
the basis of settlement.  William F. Delaney, the Complainant
herein, was a signatory to both the Settlement Agreement and also
the Release document which is attached to the Settlement Agree-
ment and incorporated therein.  The parties have requested that I
recommend approval of the Settlement Agreement and that this case
be recommended for dismissal with prejudice.  

     Following consideration of the Settlement Agreement and the
Release associated with the agreement, I find the Settlement
Agreement and Release to be fair, adequate and reasonable, and I
believe it is in the public interest to adopt the agreement as a
basis for the administrative disposition of this case.



[PAGE 2] Therefore, I RECOMMEND DISMISSAL of this proceeding with full prejudice based upon authority conferred by 29 C.F.R. §18.39(b). ________________________ Rudolf L. Jansen Administrative Law Judge



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