ORDER TO SUBMIT SETTLEMENT AGREEMENT
This case, arising under the Energy Reorganization Act of
1974 (ERA), 42 U.S.C. § 5851 (1988), is before the Board on
remand from the United States Court of Appeals for the Fourth
Circuit. See Blackburn v. Reich, 79 f.3d 1375 (4th Cir.
1996). The court vacated that portion of the Secretary's Final
Decision and Order, dated December 27, 1994, that disallowed
attorney fees and costs requested by Complainant, Paul A.
Blackburn (Blackburn), for work performed before the appellate
court.
On June 17, 1996, an Order was issued permitting Blackburn
to file a supplemental fee petition prior to the Board's issuing
a final decision on remand. On July 2, 1996, Blackburn filed a
Withdrawal of Fee Petition, informing the Board that the
attorneys for the parties had reached an accomodation with
respect to the outstanding fees and costs. The specific terms of
the agreement, however, were not included.
Under the ERA the Secretary may not terminate a proceeding
on a complaint on the basis of a settlement without approving the
terms of the agreement negotiated by the parties. 42 U.S.C.
§ 5851(b)(2)(A); see Macktal v. Secretary of Labor,
923 F.2d 1150, 1154 (5th Cir. 1991); Fuchko v. Georgia Power
Co., Case Nos. 89-ERA-9, Sec. Orders., Mar. 23, 1989 and June
13, 1994. Accordingly, the parties are ordered to submit a copy
of the terms of their accomodation for approval by the Board, the
Secretary's designee. If all the parties, including Blackburn,
have not signed the accomodation agreement itself, the parties
shall submit a certification or stipulation, signed by all the
parties, including Blackburn individually, demonstrating their
informed consent to the agreement.
Filings shall be submitted to the Administrative Review
Board, U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Room S-4309, Washington, D.C. 20210.
- SO ORDERED.
- DAVID A. O'BRIEN
- Chair
- KARL J. SANDSTROM
Member
- JOYCE D. MILLER
- Alternate Member
[ENDNOTES]
