DATE ISSUED: Nov. 14, 1996
CASE NO.: 95-ERA-5

In the Matter of

ROBERT T. NORWAY,
    Complainant,

    v.

NIAGARA MOHAWK POWER CORPORATION,
    Respondent.

Appearances:

Matthew J. Fusco, Esquire
    For the Complainant

David M. Pellow, Esquire
    For the Respondent

Before: GERALD M. TIERNEY
    Administrative Law Judge

    The parties have requested that the settlement agreement and its terms be treated as confidential commercial information subject to predisclosure notification.

See 29 C.F.R. § 70.26(b). The settlement agreement must be reviewed to determine whether the terms are a fair, adequate and reasonable settlement of the complaint. Ezell v. Tennessee Valley Authority, 95-ERA-39 (ARB June 26, 1996).

    The settlement agreement provides for the payment to Complainant certain sums representing wages, benefits, damages, costs, disbursements, and attorney's fees.

    After due consideration of the proposed settlement agreement, in light of the nature of the complaint, the disputed issues presented by the pleadings, and the potential difficulty of litigation, IT IS HEREBY DETERMINED that the terms of the settlement are fair, adequate and reasonable as attested by the parties. It is RECOMMENDED that the Secretary¹ approve the attached settlement and issue an order dismissing the instant complaint with prejudice. See 29 C.F.R. § 24.6.

       GERALD M. TIERNEY
       Administrative Law Judge

¹ The Secretary delegated jurisdiction to issue final agency decisions under this statute to the Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996).