U.S. Department of Labor
Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, New Jersey 08104
DATE: July 9, 1990
CASE NO. 90-ERA-7
IN THE MATTER OF
SANG JOO KIM,
COMPLAINANT
v.
UNIVERSITY CITY SCIENCE CENTER (UCSC),
RESPONDENT
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
This case arises under the employee protection provisions of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851
(1982).
A hearing was held before me on June 21, 1990 at which the
Respondent was represented by counsel but the Complainant neither
appeared personally nor was represented. At the hearing counsel for
the Respondent stated that the parties had negotiated a settlement
agreement and therefore there was no need for a hearing or a
determination of the merits of the complaint. At that time I perused
the written settlement agreement (which was not fully executed) and
expressed the view that portions of it were unacceptable to me (viz.,
provisions pertaining to settlement of matters arising under statutes
other than the ERA and that the Complainant withdraw complaints he has
[Page 2]
(filed with the Nuclear Regulatory Commission). Consequently, I
rescheduled the hearing for a later date.
No further hearing was held because on June 26, 1990 the
Respondent forwarded to me a fully executed "Settlement Agreement"
which contains no provision which I find inappropriate. I have
carefully reviewed the terms of the Settlement Agreement, which
includes a provision that the Complainant withdraw with prejudice the
complaint herein, and find that it is a fair, adequate and reasonable
settlement of the Complainant's allegations that the Respondent
violated the ERA.
I therefore have indicated my approval on the parties' agreement
and, pursuant to 29 C.F.R. §24.6(a), I recommend that the Secretary of
Labor approve the settlement agreement and order the complaint herein
dismissed with prejudice.
ROBERT D. KAPLAN
Administrative Law Judge
SETTLEMENT AGREEMENT
This is a Settlement Agreement entered into this 25th day of
June, 1990, by and between SANG JOO KIM and THE UNIVERSITY CITY
SCIENCE CENTER. Kim's employment with the University city Science
Center was terminated effective October 31, 1989. Thereafter Kim
filed a Complaint with the U.S. Department of Labor alleging that the
Science Center violated Kim's rights under federal law. Kim and the
Science Center desire to settle all of the claims which were made or
could have been made in that Complaint. In consideration of the
following and intending to be legally bound, it is agreed by the
parties as follows:
1. In complete settlement of all claims for any injury,
compensation or expenses, including back pay, front pay, lost
benefits, compensatory and punitive damages, reinstatement,
attorneys' fees and costs, the Science Center shall, upon full
execution of this Settlement Agreement and approval by the U.S.
Department of Labor, pay Kim Twenty Five Thousand Dollars
($25,000.00).
2. Kim shall withdraw with prejudice his Complaint with the
Department of Labor, Docket No. 90-ERA-7. The Science Center shall
withdraw with prejudice its Notice of Appeal in Department of Labor
Docket No. 90-ERA-7.
3. The Science Center has no interest in using or keeping the
research data generated by Kim during the course of his employment
with the Science Center and by this Agreement transfers all rights it
may have to the data to Kim. The parties will continue to use their
reasonable beat efforts to obtain the research data generated by Kim
from the external hard disc drive (commonly known as "C" drive) by
October 31, 1990. Kim shall not be obligated to contribute any money
towards that effort. In the event the external hard disc drive ("C"
drive) is made operable, the Science Center will make reasonable
arrangements to assist Kim in obtaining the research data. In the
event the "C" drive is not made operable by October 31, 1990, the
Science Center shall give Kim the "C" drive and will make available
to Kim on a reasonable basis the computer monitor, keyboard and
printer for the purpose of assisting Kim in obtaining the research
data.
5. This Settlement Agreement does not represent an admission
of any kind on the part of the University City Science Center or
others acting on its behalf. The Science Center expressly denies
that any of its acts or practices were or are in violation of any
federal, state or local law applicable to it and the Science Center
expressly denies that it has any liability in this or any other
proceeding.
6. Kim acknowledges that this Agreement is a matter between
the Science Center and him. He agrees to not disclose its terms to
any individual or entity except as required by law.
7. This Agreement has been entered into after negotiation
between Kim and the Science Center. Kim has reviewed this
Settlement Agreement with legal counsel and enters into it knowingly
and voluntarily. Kim has read this Agreement and intends to be
legally bound by it.