DATE: November 16, 1993
CASE NO. 93-ERA-0037
IN THE MATTER OF
SCOTT T. MAYROSE,
COMPLAINANT,
v.
BURNS INTERNATIONAL SECURITY SERVICES, INC.,
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 (ERA), as amended, 42 U.S.C. §
5851 (1988). The parties submitted a Settlement Agreement and
Release (agreement) and asked the Administrative Law Judge (ALJ)
to approve the agreement and dismiss the complaint. The ALJ
recommends approval and dismissal.
The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA. For
the reasons set forth in Poulos v. Ambassador Fuel Oil Co.,
Inc., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op. at
2, I have limited my review of the agreement to determining
whether its terms are a fair, adequate and reasonable settlement
of Complainant's allegation that Respondent violated the ERA.
Paragraph 9 provides that the laws of Florida shall govern
the agreement. This provision is interpreted as not limiting the
authority of the Secretary or the United States District Court
under the applicable statutes and regulations. McGlynn v.
Pulsair, Inc., Case No. 93-CAA-00002, Sec. Fin. Ord.
Approving
[PAGE 2]
Settlement, June 28, 1993, slip op. at 3.
I find that the agreement, as here construed, is a fair,
adequate, and reasonable settlement of the complaint.
Accordingly, I approve the agreement and DISMISS the complaint
with prejudice.
SO ORDERED
ROBERT B. REICH
Secretary of Labor
Washington, D.C.