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