DATE: May 15, 1997

CASE NO.: 96-ERA-11

IN THE MATTER OF

COBIA OUSLEY EDGEMON,
    Complainant

    v.

TENNESSEE VALLEY AUTHORITY,
    Respondent.

    The above case came to be heard on the parties' joint motion to dismiss, and, it appearing that the parties have agreed that the matters in controversy in this proceeding have been fully conciliated; that the parties have further agreed that this proceeding should be dismissed with full prejudice; and that the conciliation agreement, having been reviewed pursuant to 42 U.S.C. §5851(b)(2)(A)(1994), is fair to all parties and consistent with the provisions of law;

    The parties provided a signed memorandum of understanding and agreement, and that will be attached to this order.

    As the Complainant originally requested a promotion to SD-4 as of July 1993, as well as damages, this office inquired with counsel regarding Complainant's relief. Mr. Subit, in essence, informed a staff attorney advisor that

Rather than damages or promotion, Complainant receives job security through enhanced performance evaluation, clarification of job duties, and assurances of continued work, with a view towards possible promotion in the future. At this time, there isn't much job security at TVA. This settlement helps to assure such security.

In light of McGlynn v. Pulsair, Inc., 93-CAA-2

Secretary's decision issued on June 28, 1993), this agreement has been reviewed pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure.

    The undersigned finds that the terms of the settlement are fair, adequate, and reasonable. Therefore, it is recommended that this case be dismissed with prejudice.

      RICHARD K. MALAMPHY
      Administrative Law Judge

RKM/ccb
Newport News, Virginia

NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. The Administrative Review Board has the responsibility to advise and assist the Secretary in the preparation and the issuance of final decisions in employee protection cases adjudicated under the regulations of 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).