Green v. New York Power Authority, 2000-ERA-9 (ALJ June 20, 2000)

U.S. Department of Labor

Office of Administrative Law Judges 2600 Mt. Ephraim Avenue Camden, NJ 08104 (856) 757-5312 856-757-5403 (FAX)

DATE: June 20, 2000

CASE NO: 2000-ERA-00009

In the Matter of

REBECCA ANN GREEN
    Complainant

    v.

NEW YORK POWER AUTHORITY
    Respondent

   In this claim of discrimination made by Rebecca Ann Green against the New York Power Authority under Section 211 of the Energy Reorganization Act, the parties have agreed to a settlement. A detailed settlement agreement signed by Claimant and all counsel (designated as Joint Exhibit 1) has been presented to the undersigned and the parties have requested that I recommend that the settlement agreement be approved.

   I have carefully considered the facts involved in this case and the difficult legal and factual questions in dispute, as well as the criteria set forth in Section 211 of the Energy Reorganization Act and, upon careful evaluation of same, I conclude that the settlement is fair and in the best interest of Claimant. Moreover, I find that the settlement was arrived at without duress, and only after full exploration by the parties of all issues in dispute and the difficult legal and factual questions involved. I find that the settlement is fair, reasonable and adequate, and I recommend that it be approved. The parties request that this agreement be submitted for approval pursuant to 29 C.F.R. Section 70.26, and that the information contained in their joint agreement be deemed confidential commercial information and it not be published pursuant to 20 C.F.R. Section 70.26(b).

   Considering all the factors set forth in Section 211 of the Energy Reorganization Act, I find that the attorney's fee sought of is reasonably commensurate with the necessary work performed, the complexity of the legal issues involved, the quality of the representation and the results obtained, and is approved.

   IT IS ORDERED THAT Employer, New York Power Authority shall pay to Complainant, Rebecca Ann Green the sum of Sixty Thousand ($60,000.00) Dollars in settlement of her claim.

   IT IS FURTHER ORDERED THAT Employer, New York Power Authority, shall pay to Robert S. Heagney, Esquire, counsel for the Complainant Twenty-five Thousand ($25,000.00) Dollars for all attorney's fees and expenses.

   IT IS FURTHER ORDERED THAT the settlement be, and hereby is Recommended for the SECRETARY OF LABOR'S APPROVAL.

      PAUL H. TEITLER
      Administrative Law Judge

Camden, New Jersey