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Blackburn v. Metric Constructors, Inc., 86-ERA-4 (ARB Sept. 6, 1996)


U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB Case No. 96-159
ALJ Case No. 86-ERA-4
DATE: SEPT. 6, 1996

In the Matter of

PAUL A. BLACKBURN,

COMPLAINANT,

v. METRIC CONSTRUCTORS, INC.,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT

This case arises under the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1988). On July 2, 1996, the Board received notice that the parties had reached an accommodation with respect to the only remaining issue in the case, attorney fees and costs. The Board issed an Order to Submit Settlement Agreement, dated July 22, 1996, and in response the parties have now filed a Petition for Approval of Settlement setting forth the terms of their agreement. See 42 U.S.C. § 5851(b)(2)(A); Macktal v. Secretary of Labor, 923 F.2d 1150, 1154 (5th Cir. 1991); Fuchko v. Georgia Power Co., Case No. 89-ERA-9, Sec. Orders., Mar. 23, 1989 and June 13, 1994. Upon review we find that the terms of the agreement are fair, adequate, and reasonable, and therefore approve the settlement.

Accordingly, this case is DISMISSED.

SO ORDERED.

DAVID A. O'BRIEN
Chair

KARL J. SANDSTROM
Member

JOYCE D. MILLER
Alternate Member



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