In the Matter of:
VALERIE BARKER, ARB
CASE NO. 06-045
COMPLAINANT, ALJ
CASE NO. 2006-SOX-1
v.
DATE: July 10, 2006
PERMA-FIX OF DAYTON, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Karina Wahl,
Esq., Faruki Ireland & Cox, P.L.L., Dayton, Ohio
For the Respondent:
Donn C.
Meindertsma, Esq., Conner & Winters, LLP, Washington, D.C.
FINAL
DECISION AND ORDER APPROVING SETTLEMENT
AND
DISMISSING CASE with Prejudice
This case arose
when the Complainant, Valerie Barker, filed a complaint under the whistleblower
protection provisions of the Sarbanes-Oxley Act of 2002 (SOX or the Act).
On January 11, 2006, a Department of Labor Administrative Law Judge (ALJ) issued
an Order Granting Motion to Dismiss (O. D.) on the grounds that Barker did not
timely file her complaint and that she failed to establish that she was
entitled to equitable tolling of the limitations period.
[Page 2]
The Secretary of
Labor has delegated her authority to issue final administrative decisions in
cases arising under SOX to the Administrative Review Board.
Barker filed a timely petition requesting the Board to review the ALJ's O. D.
In response, the Board issued a Notice of Appeal and Order Establishing
Briefing Schedule.
On July 3, 2006, the
parties informed the Board that they had entered into a settlement agreement
and jointly requested the Board to dismiss this action with prejudice. The
parties may settle a case arising under SOX if the participating parties agree
to a settlement and they provide the Board with a copy of the settlement for
its review and approval.
Our review of
the settlement agreement reveals that it is intended to settle matters under
laws other than SOX.
Our authority to review settlement agreements is limited to the statutes
within our jurisdiction and is defined by the applicable statutes.
Therefore, we have restricted our review of the Settlement Agreement to
ascertaining whether its terms fairly, adequately and reasonably settle this SOX
case over which we have jurisdiction, and we have determined that the terms do
so settle the case. Id. Accordingly, we APPROVE the Settlement
Agreement and DISMISS this case with prejudice.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
OLIVER
M. TRANSUE
Administrative
Appeals Judge