Betz v. Siemens Nuclear Power Corp., 2001-ERA-8 (ALJ June 15, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105 (415) 744-6577 (415) 744-6569 (FAX)

Issue date: 15Jun2001

Case No. 2001-ERA-8

In the Matter of

HARRY BETZ
    Complainant

v.

SIEMENS NUCLEAR POWER CORPORATION
    Respondent

   This case involves a claim for a violation of the employee protection provisions of Section 211 of the Energy Reorganization Act, 42 U.S.C. §5851. Complainant alleges that respondent wrongfully terminated him from his employment in violation of the Act.,

   The case was set for hearing. On June 12, 2001, Respondent's counsel submitted a Joint Request for Approval of Settlement Agreement and Motion to Dismiss the Hearing that had been rescheduled from April 19, 2001 to July 11, 2001, at 9:00a.m. in Pasco, WA.

   Since the request for approval is based on an agreement entered into by the parties, it is necessary to review it to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. 29 C.F.R. §24.6 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.

   I have examined the motion, settlement agreement (which states that no other settlement agreements were entered into by the parties), the affidavit of Claimant and the declaration of Robert A. Dutton. I find and conclude that the agreement is a fair, adequate and reasonable settlement of the Complaint.

   IT IS ORDERED THAT:

   1. The Case is removed from the Calendar.

   2. The Settlement Agreement and Release entered into by the parties on June 1, 2001 is approved.

   3. The Case is dismissed with prejudice.

      DONALD B. JARVIS
      Administrative Law Judge

San Francisco, California
DBJ:vr

NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8, as amended by 63 Fed. Reg. 6614 .