DATE:  April 3, 1995
CASE NO. 94-ERA-28


IN THE MATTER OF 

MICHAEL L. MCGURL,

          COMPLAINANT,

     v.

IMAGE AMERICA, INCORPORATED,

          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 (ERA), as amended, 42
U.S.C. § 5851 (1988 and Supp. IV 1992).  The parties
submitted a Release seeking approval of the settlement.  The
Administrative Law Judge (ALJ), issued a decision on March 13,
1995, recommending that the settlement be approved.  Since the
request for approval 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) (1988).  Macktal v. Secretary of Labor,
923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't
of Labor, 885 F.2d 551, 556 (9th Cir. 1989);
Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2. 
     The Release appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA.  For 
[PAGE 2]
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 the Complainant's allegations the Respondent
violated the ERA.
     The Release contains language which provides that the parties
shall keep the terms of the settlement confidential 
except to the extent necessary to file tax returns or financial 
statements, or as otherwise required by law.  The parties'
submissions, including the Release become part of the case record
and are subject to the Freedom of Information Act (FOIA), 
5 U.S.C. § 552 (1988).  FOIA requires Federal agencies to
disclose requested records unless they are exempt from disclosure
under the Act. [1]   See Debose v. Carolina Power &
Light Co., Case No. 92-ERA-14, Ord. Disapproving Settlement
and Remanding Case,  Feb. 7, 1994, slip op. at 2-3 and cases there cited.
     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.






[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).