Gulliford v. United Airlines Inc., 2002-AIR-11 (ALJ Apr. 22, 2002)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Issue date: 22Apr2002

Case No.: 2002-AIR-11

In the Matter of

George L. Gulliford
    Complainant

v.

United Airlines Inc.,
    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 April 18, 2002, the parties filed a pleading styled "RELEASE AND SETTLEMENT AGREEMENT," for review by the undersigned Administrative Law Judge. It contains thirteen 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 the events giving rise to the claim. Respondent agrees to remove the June 18, 2001 "Letter of Concern," and the December 21, 2001 "Roles and Responsibilities Follow-Up" from the Complainant's personnel file, and to expunge all adverse references in the Complainant's personnel file regarding the exercise of his rights under the Act. With regard to any future inquiries by third parties or prospective employers concerning Complainant's employment with Respondent, Respondent agrees to refrain from any adverse references regarding the Complainant's exercise of his rights under the Act; Respondent also agrees not to retaliate against the Complainant for activity protected under the Act. Respondent ALSO agrees to pay $14,000 to the Complainant's attorneys. Further, the parties agree to confidentiality of their agreement.

   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.

   Accordingly, I approve the settlement, and the motion to dismiss with prejudice is hereby granted.

SO ORDERED.

      LINDA S. CHAPMAN
      Administrative Law Judge

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).