FINAL ORDER APPROVING SETTLEMENT AGREEMENT
[Page 2]
These consolidated cases, arising under the employee
protection provision of the Energy Reorganization Act of 1974, as
amended (ERA), 42 U.S.C. § 5851 (1982), are before me pursuant to
the [Recommended] Order of Dismissal issued by Administrative Law
Judge (ALJ) Richard E. Huddleston on May 23, 1988.
Because the settlement referenced in the ALJ's recommended
order was never made a part of the record, see Fuchko and Yunker
v. George Power Co ., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order,
March 23, 1989, slip op. at 1-2, I issued an Order to Submit
Settlement Agreement in this case on December 13, 1990. Counsel
for Complainants and counsel for Respondent have complied with my
order by submitting for the record copies of the Settlement
Agreement dated May 10, 1988, and siqned by Complainants
individually and by counsel for Complainants and counsel for
Respondent.
I note that the Settlement Agreement appears to encompass
the settlement of matters arising under various laws, only one of
which is the ERA. See, e.g. , Settlement Agreement at 1 and 5.
For the reasons set forth in Poulos v. Ambassador Fuel Oil Co .,
Inc ., Case No. 86-CAA-1, Sec. order, November 2, 1987, slip op.
at 2, I have limited my review of the agreement to determining
whether its terms are a fair, adequate and reasonable settlement
of complainants' allegations that Respondent violated the ERA.
The Settlement Agreement has been carefully reviewed and I
find its terms to be fair, adequate and reasonable. Accordingly,
the agreement is approved and I adopt the ALJ's recommendation
that this case be DISMISSED with prejudice.
SO ORDERED.
Acting Secretary of Labor
Washington, D.C.
[ENDNOTES]
1 There is presently a vacancy in the
Office of Secretary of
Labor. The Deputy Secretary is authorized to "perform the duties
of the Secretary until a successor is appointed. . . . " 29
U.S.C. § 552 (1988).