Office of Administrative Law Judges 50 Fremont Street, Suite 2100 San Francisco, CA 94105
(415) 744-6577 (415) 744-6569 (FAX)
Issue Date: 12 April 2004
CASE NUMBER 2003-ERA-0024
In the Matter of
CHARLES QUINONES and MATHEW ZIPOLI,
Complainants,
v.
BOARD OF REGENTS, UNIVERSITY OF CALIFORNIA,
Respondent.
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
The above-captioned matter arises under section 210 of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. §5851. On April 8, 2004, the parties filed a proposed settlement agreement that, if approved by the Secretary of Labor, would resolve all disputed issues and allow for the dismissal of this matter with prejudice. As required by the relevant regulations and statutory provisions, I have reviewed the agreement to determine if its terms are fair, adequate and reasonable. After doing so, I conclude that the terms of the agreement are, in fact, fair, adequate, and reasonable, and that the agreement should therefore be approved.
Accordingly, it is recommended:
1. That the Secretary of Labor or her designees on the Administrative Review Board approve the settlement agreement;
2. That the claims Mathew Zipoli and Charles Quinones against the Board of Regents of the University of California be dismissed with prejudice.
Paul A. Mapes
Administrative Law Judge
NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary of Labor unless, pursuant to 29 C.F.R. §24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Such petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).
