Nelson v. Planet Airways, 2002-AIR-2 (ALJ Mar. 28, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 603 Pilot House Drive, Suite 300 Newport News, Virginia 23606-1904 (757) 873-3099 (757) 873-3634 (FAX)

Issue date: 28Mar2002

CASE NO.: 2002-AIR-0002

In the Matter of

JAMES E. NELSON,
    Complainant

    v.

PLANET AIRWAYS,
    Respondent

   This is a proceeding under the provisions of Section 519 of the Wendell H. Ford Aviation Investment and Reform Act for the 1st Century ("AIR21" or "ACT") 49 U.S.C. 42121.

   On March 25, 2002, the parties filed a pleading styled "STIPULATED MOTION TO DISMISS WITH PREJUDICE." Attached is a copy of the General Release and Settlement Agreement dated March 19, 2002, for review by the undersigned Administrative Law Judge. It contains nine stipulations and a request that the proceeding be dismissed with prejudice. The agreement between the parties is incorporated herein by reference.

   My review of the settlement agreement is limited to a determination of whether its terms are fair, adequate and reasonable. The settlement must adequately protect the whistleblower. Furthermore, the settlement must not be contrary to public interest.

   First, I note that the parties are represented by counsel. In reaching an agreement, Respondent does not admit it has broken any law or regulation, nor is the agreement to be construed as an admission of wrongdoing by Respondent. Moreover, Complainant releases Respondent from all future claims or causes of action arising out of facts occurring up to the date of execution of the agreement. Respondent agrees to place Complainant on personal leave of absence effective June 1, 2001, and to accept Complainant's resignation effective March 19, 2002. With regard to any future inquiries by third parties or prospective employers concerning Complainant's employment with Respondent, Respondent agrees to refrain from any mention of Complainant's safety or health related activity except as required by law. Further, the parties agree to confidentiality of their agreement and mutual non-disparagement.

   After consideration of the settlement agreement, I find that none of the terms or conditions are unacceptable. Moreover, I find the agreement to be fair, adequate and reasonable, and I believe it is in the public interest to adopt the agreement as a basis of the administrative disposition of this case.

   Therefore, I approve the settlement. Further the motion to dismiss with prejudice is hereby granted.

       Daniel A. Sarno, Jr.
       Administrative Law Judge

DAS/dlh

NOTICE OF APPEAL RIGHTS: Within twenty (20) days after the date of issuance of this decision, any party desiring review of the decision may file a petition for issuance of a Notice of Intent as described under 29 C.F.R. § 500.265. The filing shall include an original and two copies of the petition, and shall be filed wit the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington D.C. 20210. The petition shall be in writing and shall contain a concise and plain statement specifying the grounds on which review is sought. A copy of the Decision and Order of the Administrative Law Judge shall be attached to the petition. Copies of the petition shall be served upon all parties to the proceeding and on the Chief Administrative Law Judge, See 29 C.F.R. § 500.264; Secretary's Order 2-96 (Authority and Responsibilities of the Administrative Review Board), 61 Fed. Re. 19978 (1996).