U.S DEPARTMENT OF LABOR
SECRETARY OF LABOR
WASHINGTON, D.C.
DATE: January 26, 1995
CASE NO. 89-ERA-27
IN THE MATTER OF
JAMES C. JONES,
COMPLAINANT
v.
TENNESSEE VALLEY AUTHORITY
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT
This case arises under the employee protection provisions of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. Sec. 5851 (1988 and Supp. IV 1992). The parties submitted
a modified conciliation agreement to the presiding Administrative
Law Judge (ALJ) and on November 1, 1994, the ALJ issued a
decision recommending that, "the conciliation agreement as
modified on remand" be approved and that the complaint be
dismissed with prejudice.
Because the ALJ's recommendation for approval of the
parties' agreement is based on the terms of their conciliation
agreement, I am obligated to review it to determine whether its
terms are a fair, adequate and reasonable settlement of the
complaint in this matter. 42 U.S.C. Sec 5851(b)(2)(A) (1988).
Macktel v. Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir.
1991); 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, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at
1-2.
After a thorough review of the parties' conciliation
agreement, I find that the agreement, as modified, is a fair,
adequate and reasonable resolution of the complaint.
Accordingly, I APPROVE the agreement and DISMISS
THE COMPLAINT WITH PREJUDICE.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.