Backen v. Nuclear Management Co., LLC, 2001-ERA-25 (ALJ Feb. 21, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202 (513) 684-3252 (513) 684-6108 (FAX)

Issue date: 21Feb2002
Case No. 2001-ERA-25

In the Matter of

ROGER J. BACKEN,
   Complainant,

   v.

NUCLEAR MANAGEMENT COMPANY, LLC,
   Employer.

   This proceeding arises from a complaint filed by the Complainant on March l3, 200l, under Section 2ll of the Energy Reorganization Act of l974, as amended. 42 U.S.C. 585l. On May 8, 200l, the Area Director of the Occupational Safety and Health Administration (OSHA), found in favor of the Respondent. Subsequently, a request for hearing was filed by the Complainant on May l5, 200l. On August 20, 200l, the Complainant filed an amended complaint asserting additional claims against the Respondent. By order dated September l8, 200l, the undersigned consolidated both claims into one case.

   On January 22, 2002, the parties submitted a Confidential Settlement Agreement Waiver and Release and a Motion To Dismiss With Prejudice Based On Voluntary Settlement for consideration and approval by the undersigned. I have reviewed the agreement, and I enter the following findings:

   l. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;

   2. This recommended decision and order shall have the same force and effect as one made after a full hearing on the merits;

   3. The entire record on which this recommended decision and order is based consists solely of the Complaint and the Confidential Settlement Agreement Waiver and Release between the parties; and,

   4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.

   Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that:

   1. The Confidential Settlement Agreement Waiver and Release be, and it hereby is, APPROVED;

   2. The Motion to Dismiss With Prejudice is hereby Granted; and,

   3. The hearing in the matter scheduled for March 26, 2002, is cancelled.

       DANIEL J. ROKETENETZ
       Administrative Law Judge

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.