DATE:  June 19, 1995
CASE NO. 94-ERA-38


IN THE MATTER OF 

BRANDON BRAGG,

          COMPLAINANT,

     v.

HOUSTON LIGHTING & POWER COMPANY,

          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 Settlement Agreement and Full and Final Release
seeking approval of the settlement and dismissal of the
complaint.  The Administrative Law Judge (ALJ) issued a decision
on May 18, 1995, recommending that the settlement be
approved.  The request for approval is based on an agreement
entered into by the parties, therefore, 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 agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA. 
See ¶ 5(a) and (c).  For the reasons set forth in
Poulos v. Ambassador Fuel Oil Co., Inc., Case No.
86-CAA-1, Sec. Order, Nov. 2, 1987, slip op. at 2, I have limited
my review of the agreement to determining whether its terms are a
fair, adequate 
[PAGE 2]
and reasonable settlement of the Complainant's allegations that
Respondent violated the ERA.
     Paragraph 5 contains language which provides that the parties
and their attorneys shall keep the terms of the Settlement Agreement
confidential except to family members, attorneys and financial advisors.
I construe this confidentiality provision as not restricting any disclosure where
required by law.  McGlynn v. Pulsair Inc.,
Case No. 93-CAA-2, Sec. Final Order Approving Settlement, June
28, 1993, slip op. at 3.  
     The parties' submissions including the agreement become part
of the record of the case 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.  A notice will be
prominently displayed in the record of this case referring to the
confidentiality request of the parties, directing that the
procedures in 29 C.F.R. § 70.26 be followed if a FOIA
request is received.
     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).