U.S. Department of Labor Office of Administrative Law Judges
50 Fremont Street
Suite 2100
San Francisco, CA 94105
DATE: March 2, 1998
CASE NO: 98-ERA-4
In the Matter of
TERRY HOLBROOK, ET AL.
Complainant
v.
FLUOR DANIEL NORTHWEST, INC.
Respondent
RECOMMENDED ORDER OF DISMISSAL
This is a whistleblower complaint brought under the Federal Energy
Reorganization Act (42 U.S.C. § 5851). A duly noticed hearing was scheduled in this case
for February 24, 1998, in Richland, Washington. On February 23, 1998, the parties advised the
Court that the case had been settled. The case was called for hearing and, in light of the
settlement, removed from the calendar.
On February 25, 1998, the parties filed a motion to dismiss the complaint
on the grounds that it had been settled. The settlement agreement is hereby incorporated by
reference and made a part of this Decision and Order. In general, the settlement, without any
admission of wrongdoing, provides that Fluor Daniel Northwest (FDNW) will pay $42,000 to
each Complainant. FDNW agrees to pay $42,000 in legal expenses to Complainant's attorneys,
the Government Accountability Project and Project on Liberty and the Workplace. FDNW
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agrees to offer reinstatement of employment to each Complainant within two weeks of the
signing of the settlement agreement. The joint motion for dismissal states that: "The
Settlement Agreement contains the entire agreement between the parties relating to the terms and
obligations assumed and there are no other terms or conditions agreed to pertaining to this
matter."
After reviewing the Motion to Dismiss Complaint and supporting papers, I
find that:
1. The agreement constitutes the entire and only settlement
agreement with respect to the Claims of Complainants.
2. The agreement is a fair, adequate and reasonable settlement of
the Complaint.
3. The motion should be granted.
RECOMMENDED ORDER
It is ORDERED That:
1. The motion to dismiss the case at bench is granted.
2. Case No. 98-ERA-4 is hereby dismissed.
DONALD B. JARVIS
Administrative Law Judge
NOTICE: This Recommended Order and the administrative file in this matter will be
forwarded for review by the Secretary of Labor to the Administrative Review Board, U.S.
Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., N.W.,
Washington, DC 20210. The Board has the responsibility to issue final agency decisions on
behalf of the Secretary in employee protection cases adjudicated under the regulations at 29
C.F.R. Parts 24 and 1978. See 61 Fed. Reg. 19978 (1996); 61 Fed. Reg. 19982 (1996).
