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September 25, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter

Smith v. Bell Power Corp., 94-ERA-17 (ALJ Nov. 18, 1994)


Date Issued: November 18, 1994

CASE NO. 94-ERA-17

In the Matter of:

DOUGLAS J. SMITH
     Complainant

v.

BELL POWER CORPORATION
     Respondent

             ORDER RECOMMENDING APPROVAL OF SETTLEMENT

     This case arises under Section 210 of the Energy
Reorganization Act of 1974, 42 U.S.C. S5851, as implemented by
the regulations at 29 C.F.R. Part 24.  A hearing was scheduled
before the undersigned on October 25, 26, and 27, 1994, but on
October 5, 1994, the complainant and the respondent submitted a
settlement agreement.  The complainant's counsel submitted a
letter on October 17 further clarifying the terms of the
settlement agreement.  In response to an order issued on October
31, the complainant submitted a declaration of November 4, 1994
stating that he understood and approved of the terms of the
settlement agreement.  I have reviewed the settlement agreement,
as supplemented by the October 17 letter and the November 4
declaration, and I conclude that it is fair, adequate, and
reasonable.  I recommend that the settlement agreement be
approved and that the complaint be dismissed with prejudice.

     AND NOW, this 18TH day of November 1994, after due
consideration of the settlement agreement, I recommend that it be
approved and that the complaint be dismissed with prejudice.

DANIEL L. LELAND
Administrative Law Judge



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