FLOYD M. SIMMONS AND LARRY D. SIMMONS,
COMPLAINANTS,
v.
FLUOR CONSTRUCTORS, INC.,
RESPONDENT.
CASE NOS. 89-ERA-28, 89-ERA-29
IN THE MATTER OF
FLOYD (MITCHELL) SIMMONS AND LARRY SIMMONS
COMPLAINANTS,
v.
FLORIDA POWER CORPORATION AND
FLUOR CONSTRUCTORS, INC.,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT AGREEMENT
AND DISMISSING COMPLAINT
[Page 2]
The captioned cases, which are before me for review, arise
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851
(1988). On June 20, 1991, the parties in the captioned cases
filed a Joint Motion for Approval of Settlement and Dismissal of
Proceedings together with a Settlement Agreement In Full and
Final Release of All Claims. These documents have been reviewed
to determine whether their terms comprise a fair, adequate, and
reasonable settlement of the complaints in these cases.
Paragraphs 4, 5, 9 and 10 of the Settlement Agreement may
encompass matters arising under laws other than Section 210 of
the ERA, pursuant to which the complaints in these cases were
brought. My authority is limited to matters arising under the
ERA, see Goese v. EBASCO Services, Inc., Case No. 88-ERA-25, Sec.
Order, Dec. 8, 1988, slip op. at 1-2; Poulos v. Ambassador Fuel
Oil Co., Inc., Case No. 86-CAA-1, Sec. Order, Nov. 2, 1987, slip
op. at 2 and cases cited therein, and I thus have limited my
review to determining whether the filings represent an acceptable
settlement of Complainants' claims that Respondents violated the
ERA.
Upon consideration, I find the terms and conditions of
settlement to be fair, adequate, and reasonable and, therefore,
approve the Settlement Agreement.
Accordingly, the complaints in the captioned cases are
dismissed with prejudice.
