DATE: May 1, 1995
CASE NO. 94-ERA-42
IN THE MATTER OF
DR. TANDRA CHAUDHURI,
COMPLAINANT,
v.
THE CURATORS OF THE
UNIVERSITY OF MISSOURI,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provisions of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851 (1988 and Supp. IV 1992). The Administrative
Law Judge (ALJ) issued a decision on March 16, 1995 recommending
that the settlement be approved and the complaint be dismissed
with prejudice. The parties submitted an Agreement of Settlement
Including Release seeking approval of the settlement and
dismissal of the complaint. Because the request for approval is
based on the 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 agreement appears to encompass the settlement of matters
[PAGE 2]
arising under various laws, only one of which is the ERA. The
agreement also encompasses the settlement of certain claims made
by the Complainant and her husband in U.S. District Court, and
claims by Complainant's husband, individually, before the U.S.
District Court and the Secretary of Labor. See
¶¶ 1, 2 and 9. 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 the Complainant's
allegations that Respondent violated the ERA.
Paragraph 1(a) preserves Complainant's right to pursue her
claims against the Respondent with regard to any work-related
injury, as well to the Worker's Compensation claims filed by the
Complainant.
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. Paragraph 1.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.