U.S. Department of Labor
Office of Administrative Law Judges
John W. McCormack Post Office and Courthouse
Room 409
Boston, Massachusetts 02109
Case No. 84-ERA-3
In the Matter of:
Clarence W. Crider,
Claimant
v.
Pullman-Higgins Co.,
Employer
DECISION AND ORDER
By telegram dated November 23, 1983 the Employer
requested a hearing, pursuant to 42 U.S.C. §5851 and
29 C.F.R. §24, to resolve the differences between the
parties in the above-captioned claim. That request
followed the preliminary determination of the Department
of Labor with findings favorable to the Claimant, dated
November 17, 1983.
The matter was referred to this office on November 29,
1983, and received shortly thereafter. On December 14,
1983 a Notice of Hearing was issued, setting a hearing for
January 16, 1984 in Manchester, New Hampshire.
[Page 2]
By letter dated December 30, 1983, the Claimant
notified this office that the parties had arrived at a
Settlement Agreement, the terms of which are set out in
full, below:
1. Pullman-Higgins agrees to immediately reinstate
Clarence W. Crider to his former position as a welder
effective December 22, 1983 or upon his presentation to
the Pullman-Higgins Time Office.
2. Clarence W. Crider releases Pullman-Higgins
and the Pullman Power Products Co., Inc. and their
respective officers, agents and employees from any and all
claims which he may have as of this date, including but
not limited to the matter of Clarence W. Crider v. Pullman-
Higgins Co., Seabrook, New Hampshire, Case No. 84-ERA-3
(U.S. Department of Labor 1983).
3. It is understood that this agreement does not
constitute and should not be construed as an admission
by Pullman-Higgins or Pullman Power Products Co., Inc. of
any violation of the Energy Reorganization Act of 1974 or
of any other state or federal law, and it is further
understood that this agreement may only be used as
evidence in any subsequent proceedings in which any of the
parties allege breach of this agreement.
4. It is agreed and understood that neither Clarence W.
Crider, Pullman-Higgins or Pullman Power Products Co., Inc.
shall disclose the terms of this agreement to any other
person, agency or organization except as required by law.
5. The parties agree that the terms and conditions of
this agreement shall constitute the full and complete
understanding of the parties, and that the Department of Labor,
Nuclear Regulatory Commission and Chief Administrative Law
Judge shall be immediately notified that no further
proceedings shall be necessary in the matter of Clarence W.
Crider v. Pullman-Higgins Co., Seabrook, New Hampshire,
Case No. 84-ERA-3.
The agreement was executed by all parties. I have,
therefore, concluded no further action is required by
this office in this matter, and hereby DISMISS the
complaint. It is so ORDERED.
