The order
dismissed the captioned
case, which arises under Section 210 of the Energy Reorganization
Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1982). It bears
the signatures of counsel for the Complainant and the Respondent,
as well as that of the ALJ, and states that the parties have
stipulated to its entry, "having agreed that all matters pending
herein have been fully compromised and settled . . . ."
The order expressly refers to a compromise and settlement of
the claim by the parties. The terms of settlement are not
disclosed in the record, however. Although it is not necessary
that a settlement agreement be part of the final order, under
42 U. S. C. § 5851 (b) (2) (A), a case may not be dismissed on the
basis of a settlement unless the settlement has been reviewed and
the Secretary has found that it is fair, adequate and reasonable
See Thompson v. U.S. Department of Labor , 885 F.2d 551, 556 (9th
Cir. 1989); Fuchko and Yunker v. Georgia Power, Co. , Case Nos.
89-ERA-9 and 89-ERA-10, Sec. Order March 23, 1989, and cases cited
therein, slip op. at 2.
Accordingly, the parties are ordered to submit a copy of the
settlement agreement to me for review within thirty days of
receipt of this order. If all parties, including the
Complainant, have not signed the agreement, the parties shall
submit a certificate or stipulation, signed by all the parties to
the agreement, including the Complainant individually,
demonstrating their informed consent to the agreement.
SO ORDERED.
ELIZABETH DOLE
Washington, D.C.
[ENDNOTES]
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