Before me for review is the Recommended Order Approving
Settlement Agreement and Dismissing Complaint, issued April 16,
1991; by the Administrative Law Judge (ALJ) in this case, under
the employee protection provision of the Energy Reorganization
Act of 1974, as amended (ERA). 42 U.S.C. § 5851 (1988). The ALJ
found the agreement fair, adequate and reasonable, see 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, and recommended that the
agreement be approved and the case dismissed with prejudice.
Review of the agreement reveals that it may encompass the
settlement of matters under laws, other than the ERA. See, e.g.,
Settlement Agreement paras. 1, 4, and 6. As stated in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2:
[Page 2]
[The Secretary's] authority over settlement agreements
is limited to such statutes as are within [the
Secretary's] jurisdiction and is defined by the
applicable statute. See Aurich v. Consolidated Edison
Company of New York, Inc., Case No. [86-]CAA-2,
Secretary's Order Approving Settlement, issued July 29,
1987; Chase v. Buncombe County, N.C., Case No. 85-SWD-
4, Secretary's Order on Remand, issued November 3,
1986.
I have, therefore, limited my review of the agreement to
determining whether the terms thereof are a fair, adequate and
reasonable settlement of Complainant's allegation that
Respondents violated the ERA.
Upon review of the terms of the agreement signed by the
parties, and based on the record of this case, I find that the
agreement is fair, adequate, and reasonable. I therefore accept
the ALJ's recommendation that the agreement be approved.
Accordingly, this case is DISMISSED WITH PREJUDICE. Settlement
Agreement para. 3.
