DATE:  June 19, 1995
CASE NO. 95-ERA-12


IN THE MATTER OF 

PATRICIA L. HAMLETT,

          COMPLAINANT,

     v.

BABCOCK AND WILCOX COMPANY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions 
of the Energy Reorganization Act of 1974 (ERA), as amended, 
42 U.S.C. § 5851 (1988 and Supp. IV 1992).  The
Administrative Law Judge (ALJ) issued a decision recommending
that the settlement be approved on May 15, 1995.  The parties
submitted a Settlement Agreement seeking approval of the
settlement and dismissal of the complaint.  Because the request
for approval is based on the agreement entered into by the
parties, 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¶ 1.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Ord.,
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 
[PAGE 2]
of the Complainant's allegations the Respondent violated the ERA.
     Paragraph 6 provides that the parties shall keep the
terms of the agreement confidential, but provides that the
agreement is subject to the regulations of the U.S. Department of
Labor and other applicable federal law.  The Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988), requires
Federal agencies to disclose requested records unless they are
exempt from disclosure under the Act.[1]  See Debose v.
Carolina Power & Light Co., Case No. 92-ERA-14, Ord.
Disapproving Settlement and Remanding Case, Feb 7, 1994, slip op.
at 2-3 and cases there cited.  
     Paragraph 8 provides that the agreement will be governed by
the laws of Virginia, however, I construe this to except the
authority of the Secretary of Labor and any Federal court which
shall be governed in all respects by the laws and regulations of
the United States.  See Phillips v. Citizens Ass'n for
Sound Energy, Case No. 91-ERA-25, Final Ord. of Dismissal,
Nov. 4, 1991, slip op. at 2.   
     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 paragraph 1 of the settlement agreement.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.


[ENDNOTES]
           
[1]   Pursuant to 29 C.F.R. § 70.26(b), submitters may
designate specific information as confidential commercial
information to be handled as provided in the regulations.  When
FOIA requests are received for such information, the Department
of Labor will notify the submitter promptly, 29 C.F.R. §
70.26(c); the submitter will be given a reasonable amount of time
to state its objections to disclosure, 29 C.F.R. § 70.26(e);
and the submitter will be notified if a decision is made to
disclose the information, 29 C.F.R. § 70.26(f).  If the
information is withheld and a suit is filed by the requester to
compel disclosure, the submitter will be notified, 29 C.F.R.
§70.26(h).