U.S. Department of Labor
Office of Administrative Law Judges
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San Francisco, California 94105
Send all future correspondence to:
Office of Administrative Law Judges
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Anaheim, CA 92806
Commercial (714) 634-4956
FTS 799-2835
DATE: AUG 20 1991
CASE NO.: 91-ERA-37
In the matter of
GEORGE MCTIERNAN,
Complainant
v.
PUBLIC SERVICE CO. OF
COLORADO, INC.
Respondent
RECOMMENDED DECISION AND
ORDER
This case arose under the Energy Reorganization Act of 1974,
42 U.S.C. 5851.
BACKGROUND
Complainant, George McTiernan, alleged in a complaint filed
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with the United States Department of Labor that he was fired for
making complaints against an unsafe co-worker.
After investigating the complaint, the District Director
determined that the weight of the available evidence indicated
that George McTiernan was a protected employee engaging in a
protected activity within the scope of the Energy Reorganization
Act and that discrimination as defined and prohibited by the
statute was a factor in the actions which comprise his complaint.
The District Director stated that certain actions, i.e.,
reinstatement, payment of lost wages, and provision of a letter
retracting adverse allegations, would be required in order to
remedy the violation.
Respondent then timely appealed the District Director's
findings to the office of Administrative Law Judges.
AGREED SETTLEMENT
After the case was set for hearing in Denver, Colorado, on
July 11, 1991, the parties reached an agreement of settlement,
which I have examined in camera since the parties have requested
that the terms of the settlement remain confidential.
RECOMMENDED ORDER
Having found the basis of settlement to be fair and
equitable and in the public interest, it is hereby ORDERED that
the settlement agreement between the parties be approved.
