DATE: September 7, 1994
CASE NO. 94-ERA-9
IN THE MATTER OF
MAGED GABALLA
COMPLAINANT,
v.
ARIZONA PUBLIC SERVICE COMPANY,
ARIZONA NUCLEAR POWER PROJECT
& THE ATLANTIC GROUP,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
CLARIFYING ORDER
A Final Order Approving Settlement and Dismissing Complaint
in this case was issued on July 28, 1994. Although the Order
specifically references ¶¶ 1.1 and 1.6 of the
Settlement Agreement, with regard to the parties' express intent
to preserve the Complainant's residual claims against The
Atlantic Group (TAG) for trial, counsel for the Complainant has
nevertheless requested that the Secretary's Order be clarified
with regard to the scope of the dismissal of the complaint.
Therefore, it IS ORDERED that the July 28, 1994, Order be
clarified in that such dismissal does not limit or restrict
Complainant from pursuing or filing any past, present or future
claims of any nature whatsoever, whether based on tort, contract
or other theory of recovery, against TAG, for TAG's alleged
blacklisting of, or discrimination against Complainant, by TAG
with employers other than the Arizona Public Service Company,
and/or at sites other than the Palo Verde Nuclear Generating
Station. See, Settlement Agreement, ¶ 1.6;
Administrative Law Judge's June 15, 1994, Decision and Order
Recommending Approval
[PAGE 2]
of Settlement and Dismissing Claims with Prejudice at 2.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.