This case, which arises under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1982), is before me pursuant to the
[Recommended] Order of Dismissal issued by Administrative Law
Judge (ALJ) E. Earl Thomas on November 21, 1986. The ALJ's order
dismisses the case with prejudice based on consent and settlement
by the parties.
Because the Settlement Agreement was never made a part of
the record, see Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-9, 89-ERA-10, Sec. Order, March 23, 1989, slip op. at 1-2,
[Page 2]
I issued an Order to Submit Settlement Agreement in this case on
April 6, 1990. Counsel for Complainant has complied with my
order by submitting for the record a copy of the Settlement
Agreement dated August 15, 1986, and signed by Complainant
individually and by counsel for Complainant and counsel for
Respondent.
I note that the Settlement Agreement appears to encompass
the settlement of matters arising under various laws, only one of
which is the ERA. See, e.g., Settlement Agreement ¶¶ 4, 5. For
the reasons set forth in Poulos v. Ambassador Fuel Oil Co. Inc.,
Case No. 86-CAA-1, Sec. Order, November 2, 1987, slip op. at 2, I
have limited my review of the agreement to determining whether
its terms are a fair, adequate and reasonable settlement of
Complainant's allegations that Respondent violated the ERA.
The Settlement Agreement has been carefully reviewed, and,
with the following qualification, I find it fair, adequate and
reasonable. Paragraph 8 provides that the agreement will be
enforceable by either party in accordance with its terms in the
federal district court in Knoxville. I interpret this provision
as not restricting in any way the authority of the Secretary to
bring an enforcement action under the ERA, 42 U.S.C. § 5851(d),
or the regulations, 29 C.F.R. § 24.8 (1989). The Settlement
Agreement is accordingly approved, as so interpreted.
Wherefore, I agree with the ALJ's determination that this
proceeding be DISMISSED with prejudice.
