DATE:  March 8, 1996
  CASE NO. 94-ERA-46
  
  
  IN THE MATTER OF 
  
  ROBERT AVERY,
  
          COMPLAINANT,
  
     v.
  
  DUKE 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 seeking approval of the settlement and
  dismissal of the complaint in Complainant s action
  before the U.S. Department of Labor, but have agreed
  to preserve Complainant's right to pursue his claim against
  the Respondent before the North Carolina Industrial
  Commission denominated as Case I.C. No. 413107.  See
  Preamble and Sections 5 and 7 of the agreement.  
     The Administrative Law Judge (ALJ) issued a
  decision on February 14, 1996, recommending that the
  
  
[PAGE 2]
  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 Sections
  3, 5 and 7.  As 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 and reasonable
  settlement of the Complainant's allegations the
  Respondent violated the ERA.
     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.  See Section 2.  
     SO ORDERED.
  
  
  
  
                              ROBERT B. REICH
                              Secretary of Labor
  
  Washington, D.C.