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Jocher v. Tennessee Valley Authority, 94-ERA-24 and 97-ERA-5 (ALJ Nov. 20, 1996)


BEFORE THE OFFICE OF ADMINISTRATIVE LAW JUDGES
UNITED STATES OF AMERICA
DEPARTMENT OF LABOR

Case No. 94-ERA24

IN THE MATTER OF

WILLIAM F. JOCHER
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY
    Respondent

Case No. 97-ERA-5

IN THE MATTER OF

WILLIAM F. JOCHER
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY
    Respondent

RECOMMENDED ORDER OF DISMISSAL

    The above cases came on to be heard on the parties' motion to dismiss, and, it appearing that the parties have agreed that the matters in controversy in these proceedings have been fully conciliated; that the parties have further agreed that these proceedings should be dismissed with full prejudice; that respondents have moved, without objection, that the Department of Labor (DOL) regard the terms of the agreement as confidential commercial information; and that the conciliation agreement, having been reviewed pursuant to 42 U.S.C. § 5851(b)(2)(A)(1994), is fair to all parties and consistent with the provisions of law;

    It is hereby RECOMMENDED that these proceedings be dismissed with full prejudice. It is further RECOMMENDED that DOL regard the parties' agreement as confidential commercial information and that DOL provide predisclosure notification to TVA, pursuant to 29 C.F.R. § 70.26 (1996), in the event that DOL received a Freedom of Information Act request for this agreement.

          Robert L. Hillyard
          Administrative Law Judge

We request entry of this order:

Thomas F. Fine
Assistant General Counsel

Brent R. Marquand
Senior Litigation Attorney
Office of the General Counsel
Tennessee Valley Authority
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1499
Telephone No. 423-632-2061

    Attorneys for Respondent

Charles W. Van Beke
1801 First Tennessee Plaza
P.O. Box 1308
Knoxville, Tennessee 37901-1308
Telephone No. 423-525-4600

    Attorney for Complainant

40343

    Dated: November 20, 1996



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