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Edgemon v. Tennessee Valley Authority, 96-ERA-11 (ARB June 18, 1997)


U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB CASE NO. 97-099
ALJ CASE NO. 96-ERA-11
DATE: JUN 18 1997

In the Matter of:

COBIA OUSLEY EDGEMON,
    COMPLAINANT,

    v.

TENNESSEE VALLEY AUTHORITY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

ORDER

   This case arises under the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992). The parties submitted a Memorandum of Understanding and Agreement to the Administrative Law Judge (ALJ) seeking approval of the settlement and dismissal of the complaint. The ALJ issued a Recommended Decision and Order on May 15, 1997 approving the settlement.

   The Board requires that all parties requesting settlement approval of cases arising under the employee protection provisions of the ERA provide the settlement documentation for any other alleged claims arising from the same factual circumstances forming the basis of the federal claim, or to certify that no other such settlement agreements were entered into between the parties. Biddy v. Alyeska Pipeline Service Company, ARB Case Nos. 96-109, 97-015, Final Order Approving Settlement and Dismissing Complaint, Dec. 3, 1996, slip op. at 3. Therefore, prior to approving the settlement, the parties are directed to provide the specified additional settlement documentation or certification.

   The parties are required to file a joint response to this Order within ten (10) days. If the parties cannot agree upon a joint response, Complainant's counsel is to submit the required information within ten (10) days from the issuance of this Order. Respondents may submit a response within fifteen (15) days of the issuance of this Order.    Docket entries for this matter shall be filed by directing submissions to the attention of the undersigned at:

   Administrative Review Board
   United States Department of Labor
   200 Constitution Avenue, N.W.
   Room S-4309
   Washington, D.C. 20210

FOR THE ADMINISTRATIVE REVIEW BOARD:

Gerald F. Krizan, Esq.
Executive Director

Telephone: (202) 219-4728
Facsimile: (202) 219-9315



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