ORDER APPROVING SETTLEMENT AGREEMENT
AND DISMISSING COMPLAINT
Pursuant to my order of April 23, 1990, Respondent has
submitted for approval a Settlement Agreement signed by the
parties in the above-captioned case, which arises under the
employee protection provision of the Energy Reorganization Act of
1974, as amended (ERA), 42 U.S.C. § 5851 (1982).
Paragraph A.1. of the Settlement Agreement encompasses
matters arising under various laws, only one of which is the ERA.
My authority over settlement agreements is limited to such
statutes as are within my jurisdiction and is defined by the
applicable statute. See Goese v. EBASCO Services, Inc., Case No.
88-ERA-25, Sec. Order Approving Settlement and Dismissing Case,
issued Dec. 8, 1988; Poulos v. Ambassador Fuel Oil Co. Inc.,
Case No. 86-CAA-1, Sec. Order issued Nov. 2, 1987, and cases
cited therein. Accordingly, I have limited my review of the
Settlement Agreement to determining whether its conditions are a
fair, adequate and reasonable settlement of Complainant's
allegations that Respondent violated the ERA.
Furthermore, I interpret paragraph A.1., in so far as it
relates to the release of Respondent from liability for future
claims, as not restricting Complainant's right to proceed under
the ERA on matters arising out of any future actions of
Respondent. In addition, I note that Paragraph A.6. provides
that the Settlement Agreement "shall be construed and interpreted
in accordance with" Kansas law. I interpret Paragraph A.6. as
not restricting in any way the authority of the Secretary to
bring an ERA enforcement action in United States District Court
under 42 U.S.C. § 5851(d), nor as limiting in any such action the
jurisdiction of the district court to grant all appropriate
relief as identified in the statute.
Upon review, I find the terns of the Settlement Agreement,
within the scope of my authority and as interpreted herein, to be
fair, adequate and reasonable. I, therefore, approve the
settlement. Accordingly, the complaint in this case is DISMISSED
WITH PREJUDICE. Paragraph A.2.
