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Thompson v. Arizona Public Service Co., 86-ERA-27 (Sec'y Sept. 17, 1987)


U.S. DEPARTMENT OF LABOR

SECRETARY OF LABOR
WASHINGTON. D.C.

DATE: September 17, 1987
CASE No. 86-ERA-27

IN THE MATTER OF

BLAINE P. THOMPSON,
    COMPLAINANT,

   v.

ARIZONA PUBLIC SERVICE COMPANY/
ARIZONA NUCLEAR POWER PROJECT,
    RESPONDENT,

    and

COALITION FOR RESPONSIBLE ENERGY
EDUCATION,
    INTERVENOR.

BEFORE: THE SECRETARY OF LABOR

ORDER APPROVING SETTLEMENT

    On May 18, 1987, Administrative Law Judge (ALJ) Alexander Karst issued a recommended Decision and Order (D. and O.) approving a settlement agreement entered into by the parties on May 15, 1987. By letter dated June 22, 1987, counsel for Complainant requests my expeditious approval of the parties' settlement agreement.


[Page 2]

    I have reviewed the terms of this agreement and find that the agreement is fair, adequate and reasonable. I, therefore, agree with the ALJ's recommendation,1 and I approve the settlement.

    Accordingly, this case is DISMISSED WITH PREJUDICE

    SO ORDERED.

       WILLIAM E. BROCK
       Secretary of Labor

Washington, D.C.

[ENDNOTES]

1 The ALJ states that the settlement agreement constitutes his "findings of fact and conclusions of law." D. and O. at 2. Where a complaint is resolved as a result of a voluntary compromise by the parties, it is unnecessary for an ALJ to make findings of fact and reach conclusions of law. Moreover, it is inappropriate here inasmuch as the parties have agreed that "[t]his settlement shall not be construed as an admission of any wrongdoing by any of the parties, nor shall it be construed as an adjudication on the merits for or against either party." Settlement Agreement at 2, paragraph 2.



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