DATE: October 23, 1995
CASE NOS. 95-ERA-30;
95-ERA-45
IN THE MATTER OF
MOUSSA RAISZADEH, PHD,
COMPLAINANT,
v.
U.S. DEPARTMENT OF VETERANS AFFAIRS,
JERRY L. PETTIS MEMORIAL VETERANS AFFAIRS
MEDICAL CENTER,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851 (1988 and Supp. IV 1992). The parties
submitted a Settlement Agreement seeking approval of the
settlement and dismissal of the complaint. The Administrative
Law Judge (ALJ) issued a decision on September 29, 1995,
recommending that the settlement be approved. The request for
approval is based on an agreement entered into by the parties,
therefore, 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
[PAGE 2]
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. Order,
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 of the Complainant's allegations that
Respondent violated the ERA.
Paragraph 3(d) stipulates that the parties shall keep the terms of the
Settlement Agreement confidential except to Department of Labor,
Nuclear Regulatory Commission or other governmental officials
responsible for and involved in implementing the agreement. I construe
this confidentiality provision as not restricting any disclosure where
required by law. McGlynn v. Pulsair Inc., Case No. 93-
CAA-2, Sec. Final Order Approving Settlement, June 28, 1993, slip
op. at 3.
The parties' submissions including the agreement become part
of the record of the case and are subject to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552 (1988). FOIA
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.
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.
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).