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USDOL/OALJ Reporter
Office of Administrative Law Judges 7 Parkway Center 875 Greentree Road, Room 290 Pittsburgh, PA 15220 412 644-5754
DATE ISSUED: Nov. 14, 1996 In the Matter of
ROBERT T. NORWAY,
v.
NIAGARA MOHAWK POWER CORPORATION,
Appearances:
Matthew J. Fusco, Esquire
David M. Pellow, Esquire
Before: GERALD M. TIERNEY
AND ORDER OF DISMISSAL WITH PREJUDICE The parties have requested that the settlement agreement and its terms be treated as confidential commercial information subject to predisclosure notification. [Page 2] See 29 C.F.R. § 70.26(b). The settlement agreement must be reviewed to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. Ezell v. Tennessee Valley Authority, 95-ERA-39 (ARB June 26, 1996). The settlement agreement provides for the payment to Complainant certain sums representing wages, benefits, damages, costs, disbursements, and attorney's fees.
After due consideration of the proposed
settlement agreement, in light of the nature of the complaint,
the disputed issues presented by the pleadings, and the potential
difficulty of litigation, IT IS HEREBY DETERMINED that the terms
of the settlement are fair, adequate and reasonable as attested
by the parties. It is RECOMMENDED that the Secretary1 approve the attached
settlement and issue an order dismissing the instant complaint
with prejudice. See 29 C.F.R. § 24.6.
GERALD M. TIERNEY
1 The Secretary
delegated jurisdiction to issue final agency decisions under this
statute to the Administrative Review Board. 61 Fed. Reg. 19978
(May 3, 1996).
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