DATE: September 23, 1992
CASE NO. 92-ERA-2


IN THE MATTER OF

BOBBY E. WHITE,

          COMPLAINANT,

    v. 

TENNESSEE VALLEY AUTHORITY,

           RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                FINAL ORDER APPROVING SETTLEMENT
                    AND DISMISSING COMPLAINT
    This case arises under the employee protection provision of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. 
§ 5851 (1988).  The parties submitted a Joint Motion for
Dismissal, attaching a Memorandum of Understanding and Agreement,
dated July 27, 1992, indicating that Complainant agreed to a
settlement of his complaint against the TVA and sought dismissal of
the complaint with prejudice.  Because this request for dismissal
is based on an agreement entered into by the parties, I must review
it 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); Thompson v. United States Dep't
of Labor, 885 F.2d 551, 556 (9th Cir. 1989); Fuchko
and Yunker v. Georgia Power Co., Case Nos. 89-ERA-9 and
89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2.
     This settlement agreement may encompass matters arising under
various laws only one of which is the ERA.  As my authority over
settlement agreements is limited to such statutes as are within my
jurisdiction and is defined by the applicable statute, see Goese
v. Ebasco Services. Inc., Case No. 88-ERA-25, Sec. Order
Approving Settlement and Dismissing Case, Dec. 8, 1988; Poulos
v. Ambassador Fuel Oil Co,. Inc., Case No. 86-CAA-1, Sec.
Order, Nov. 2, 1987, and cases cited therein, I have limited my
review to determining whether the terms of the agreement are fair,
adequate and 
[PAGE 2]
reasonable to settle Complainant's allegation that Respondent
violated the ERA.
     Upon review of the terms of the agreement and the record in
this case, I find that the agreement is fair, adequate and
reasonable, and therefore, I approve the agreement. 1/ 
Accordingly, this case is DISMISSED with prejudice, as requested.
     SO ORDERED.
                                LYNN MARTIN
                                Secretary of Labor

Washington, D. C.


                         
1/ Paragraph 5 provides for confidentiality of the terms of
Complainant's awards, except with family and attorney.  I note that
the parties' submissions become part of the record in the case and
that the Freedom of Information Act, 5 U.S.C. § 552 (1988),
requires federal agencies to disclose requested records unless they
are exempt from disclosure under the Act.  See
Hamka v. The Detroit Edison Co., Case No. 88-ERA-26,
Sec. Order to Submit Attachments, Dec. 9, 1991, slip op. at 2, n.1.