ORDER
This case arises under the Energy Reorganization Act of 1974, as
amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992) (ERA). The parties submitted
a Settlement Agreement to the Administrative Law Judge (ALJ) seeking approval of the
settlement and dismissal of the complaint. The ALJ issued a Recommended Decision and
Order on March 14, 1997 approving the settlement.
Pages 3 and 4 of the Agreement indicate that Respondent will pay a
specified amount to Complainant for all of his monetary claims and indicates that payments
will be made by way of checks payable jointly to Complainant and his attorney. There is no
indication as to the amount of money to be paid to Complainant's attorney pursuant to the
proposed settlement. The Board must know the amount Complainant will receive in order to
determine if the settlement agreement is fair, adequate and reasonable. This
amount affects not only the Complainant's individual interest, but impacts on the public interest
as well, because if the amount is not fair, adequate and reasonable, other employees may be
discouraged from reporting safety violations. See Plumlee v. Alyeska Pipeline Service Co.,
92-TSC-7, Sec. Dec. and Order, Aug. 6, 1993, slip op. at 5; Biddy v. Alyeska Pipeline
Service Company, ARB Case Nos. 96109, 97-015, Order, May 31, 1996, slip op. at 1-2.
The Board also requires that all parties requesting settlement
approval of cases arising under the employee protection provisions of the ERA provide
the settlement documentation for any other alleged claims arising from the same factual
circumstances forming the basis of the federal claim, or to certify that no other such
settlement agreements were entered into between the parties. Biddy v. Alyeska
Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Final Order Approving
Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3. Therefore, prior to
approving the settlement, the parties are directed to provide the specified additional
settlement documentation or certification .
The parties are required to file a joint response to this Order within ten
(10) days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit
the required information within ten (10) days from the issuance of this Order. Respondent may
submit a response within fifteen (15) days of the issuance of this Order.
SO ORDERED.
DAVID A. O'BRIEN
Chair
KARL J. SANDSTROM Member
JOYCE D. MILLER
[ENDNOTES]
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