U.S. Department of Labor Office of Administrative Law Judges
Suite 201
55 West Queens Way
Hampton, Virginia 23669
804-722-0571
DATE: August 8, 1988
CASE NO. 87-ERA-28
IN THE MATTER OF
STEVEN L. BOHAN,
COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY,
RESPONDENT.
Appearances:
Donald K. Vowell, Esq.
For the Complainant
Brent R. Marquand, Esq.
For the Respondent
BEFORE: Theodor P. von Brand
Administrative Law Judge
ORDER DENYING MOTION FOR RECONSIDERATION AND MOTION TO VACATE DUE TO SETTLEMENT
On June 23, 1988, a Recommended Decision and Order was issued in the
above-captioned case, proposing that Complainant be compensated for wages lost due to
Respondent's unlawful discharge. Respondent filed a motion for reconsideration on June 28,
1988, and the time for submitting a supporting brief was extended to July 15, 1988.
Subsequently, by letter dated August 5, 1988, the parties filed a recommended order of dismissal
based on their settlement of the issues in controversy.
Initially, since Respondent did not submit a brief in support of its motion
for reconsideration, that motion is hereby denied for failure to demonstrate any basis for
reconsideration.
Secondly, the parties offered no information regarding the substance of
their settlement. Previously, the Office of Administrative Appeals has indicated that, before a
recommended decision and order has been issued, an administrative law judge may dismiss a
case, where the parties do not wish to disclose the terms of the settlement, without issuing a
recommended decision to be transmitted to the Office of Administrative Appeals. However, in
the instant matter, settlement was not reached until after the Recommended Decision and Order
had been referred to the Office of Administrative Appeals. Consequently, the established
procedures do not apply here.
Without more information regarding the parties' settlement, the
undersigned is unable to make any recommendation regarding their request for dismissal. The
Office of Administrative Appeals already has before it the undersigned's Decision and Order of
June 23, 1988. The parties' request for a recommended order of dismissal is denied. However,
the parties proposed order of dismissal is referred to the Office of Administrative Appeals for
such consideration as the Secretary may deem appropriate.
