U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, N.W.
Washington, D.C. 20001-8002
DATED ISSUED: NOVEMBER 1, 1992
Case No.: 91-ERA-39
In the matter of:
YVONNE HENDERSON,
Complainant,
v.
ALLIED RADIOLOGICAL CONTROL,
Respondent,
Michael D. Kohn, Esq., Attorney for Complainant
Michael D. Kaufman, Esq., Attorney for Respondent
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
This case arises under the Energy Reorganization Act, 42
U.S.C. § 5851, and its implementing regulations, 29 C.F.R. Part
24. A hearing was held before the undersigned on January 6 and
7, 1992 in Jacksonville, Florida, at which time Complainant and
Respondent, assisted by counsel, were given full opportunity to
present their evidence and arguments.
During the hearing, the parties reached a tentative
settlement and indicated that pending finalization of the
[Page 2]
agreement they would submit a joint motion for dismissal of the
claim with prejudice. On October 7, 1992 separate signed
agreements were submitted to this office along with Complainant's
motion to withdraw her claim with prejudice.
Review of the settlement agreement indicates that the
agreement is fair and equitable to both parties and is not
contrary to the provisions of the Energy Reorganization Act.
Therefore, it is recommended that the settlement agreement be
approved and the Motion to Withdraw with Prejudice granted.
ORDER
It is hereby recommended that the settlement agreement be
approved and Complainant's Motion to Withdraw with Prejudice
granted.