Taylor v. Foster Wheeler Environmental Corp., 2001-ERA-12 (ALJ Nov. 9, 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: 09Nov2001

Case No. 2001-ERA-00012

In the Matter of

MATTHEW TAYLOR
       Complainant

v.

FOSTER WHEELER ENVIRONMENTAL CORP.
    & BECHTEL HANFORD INC.
       Respondent

   This is a complaint by Matthew Roy Taylor (Taylor) against Respondents Foster Wheeler Environmental Corporation (FWENC) and Bechtel Hanford, Inc. (BHI) under the employee protection provisions of the Energy Reorganization Act, 42 U.S.C.§ 5851, as amended; the Toxic Substances Control Act, 15 U.S.C. § 2622; the Solid Waste Disposal Act, 42 U.S.C. § 6971; the Surface Transportation Assistance Act; 49 U.S.C. § 31105 (1994) and the Comprehensive Environmental Response, compensation, and Liability Act of 1980, 42 U.S.C. § 9610 (The Complaints). FWENC and BHI denied the allegations in these complaints and denied any wrongdoing.

   This case was set for hearing in Pasco, Washington on October 30th and 31st, 2001. On October 25, 2001, the parties notified the Court that the Case had been settled and it was removed form the Calendar. On October 31, 2001 the parties filed a joint settlement agreement.

   In general, the settlement agreement provides for compensation to be paid to Taylor and fees to his attorney, removal of any record of disciplinary action from Taylor's personnel file, that Taylor will leave the employment of FWENC, that this agreement is the only agreement among the Parties and disposes of all of Taylor's claims arising from the factual circumstances alleged in the complaint and that the complaint should be dismissed with prejudice.

   The agreement also contains a confidentiality provision which provides, in part, that:

"On his own behalf and on behalf of his marital community and on behalf of his attorneys, Complainant Taylor agrees that, except as provided below, he shall not disclose to any third party the dollar amount of settlement, offers, or counter-offers. Notwithstanding the foregoing sentence, Complainant Taylor may disclose such information (i) as required by subpoena, court order or other legal or governmental process; (ii) to the Internal Revenue Service to establish the nature of the settlement; (iii) to his spouse; (iv) to any tax or legal counsel; (v) to DOL; and (vi) to any federal or state administrative agency with jurisdiction over the matter(s) reported."

   I have reviewed the agreement and find that the terms are a fair, adequate and reasonable settlement of the Complaint.

   IT IS ORDERED THAT:

   1. Case No. 2001-ERA-00012 IS HEREBY dismissed with prejudice.

   2. The settlement agreement shall be placed under seal subject to appropriate further orders the Court.

      DONALD B. JARVIS
      Administrative Law Judge

San Francisco, California
DBJ/vr