Office of Administrative Law Judges 36 E. 7th Street, Suite 2525 Cincinnati, OH 45202
(513) 684-3252 (513) 684-6108 (FAX)
Issue date: 18Nov2002
Case No.: 2001-ERA-0034
In the Matter of:
MAJID ZARGAR
Complainant
v.
INDIANA MICHIGAN POWER COMPANY
Respondent
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
This proceeding arises from a complaint filed by the Complainant under Section 211 of the Energy Reorganization Act of 1974 (42 U.S.C. 5851), and its implementing regulations at 29 C.F.R. Part 24.
The complaint was investigated and found not to have merit by the Secretary. The Complainant filed objections to the Secretary's findings and requested a hearing. Thereafter, on October 31, 2002, the parties filed a Confidential Settlement Agreement and Motion to Dismiss with Prejudice based on Voluntary Settlement for consideration and approval by the undersigned. Pursuant to 29 C.F.R. §70.26(b), Respondent, Indiana Michigan Power Company, requests that the settlement agreement be treated with confidentiality. I have reviewed the agreement and I enter the following findings.
1. The agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statute under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
3. The entire record upon which this Decision and Order is based consists solely of the Complaint and the Settlement Agreement between the parties; and
4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.
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Based on the foregoing, and in accordance with the agreements of the parties, IT IS ORDERED that:
1. The Settlement Agreement be and hereby is APPROVED.
2. The Complaint in this matter be, and hereby is, DISMISSED, with prejudice.
3. The Settlement Agreement is hereby designated as confidential commercial information and will be treated as such.
