DATE: March 9, 1992
CASE NO. 90-ERA-55
IN THE MATTER OF
FREDERICK J. EVANS, JR.,
COMPLAINANT,
v.
TENNESSEE VALLEY AUTHORITY,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
The Administrative Law Judge's (ALJ's) Recommended Decision
(R. D.) in this case arising under the Energy Reorganization Act
of 1974, as amended (ERA), 42 U.S.C. 5851 (1988~, is pending
before me for review. See 29 C.F.R. 24.6 (1991). The
ALJ recommended dismissal of the case with prejudice, finding
that 5 of the allegations raised by Complainant were untimely,
and that 2 additional allegations should be denled on the merits.
By letter dated February 3, 1992, counsel for Respondent
provides notice that the parties have reached a settlement, and
submits a Joint Motion for Dismissal with a Memorandum of
Understanding and Agreement attached.
The terms of the Memorandum of Understanding and Agreement
have been carefully reviewed and I find this is a fair, adequate
and reasonable settlement of Complainant's allegations that
Respondent violated the ERA . See generally Fuchko and Yunker
v. Georgia Power Co ., Case Nos . 89-ERA-9 , 89 -ERA-10 , Sec .
[PAGE 2]
Order,
Mar. 23, 1989, slip op. at 1-2. I note that the agreement
appears to encompass the settlement of matters arising under
various laws, only one of which is the ERA. For the reasons
set forth in Poulos v. Ambassador Fuel Oil Co.. Inc.,
Case No. 86-CAA-l, Sec. Order, Nov. 2, 1987, S1ip Op. at 2, I
have, therefore, limited my review of the agreement to
determining whether its terms are a fair, adequate and
reasonable settlement of Complainant's allegation that
Respondent violated the ERA.
Accordingly, the Memorandum of Understanding and Agreement i8
approved and the complaint is dismissed with prejudice as requested
in the parties' Joint Motion for Dismissal.
SO ORDERED.
LYNN MARTIN
Secretary of Labor
Washington, D.C.
