U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
DATE ISSUED: December 19, 1990
CASE NO: 89-ERA-47
IN THE MATTER OF
ANN P. HARRIS,
Complainant,
v.
TENNESSEE VALLEY AUTHORITY,
Respondent.
RECOMMENDED ORDER OF DISMISSAL
This proceeding arises under Section 210 of the Energy
Reorganization Act of 1974, 42 U.S.C. § 5851, and the regulations
promulgated thereunder, 29 C.F.R. Part 24. A formal hearing was
held in this matter on November 15, 1989 at Knoxville, Tennessee
and the record was closed on September 2, 1990.
On December 17, 1990, counsel submitted a Stipulation of
Dismissal, Joint Motion for Dismissal and a Memorandum of Understanding
and Agreement. The Memorandum of Understanding and
Agreement is executed by the complainant, her counsel and Dwight
E. Nunn, on behalf of Tennessee Valley Authority. The parties,
through complainant's counsel, W. P. Boone Dougherty, and respondent's
counsel, Justin M. Schwamm, Sr., jointly move for an order
recommending the Secretary of Labor dismiss this case with full
prejudice.
After carefully considering the Memorandum of Understanding
and Agreement, which is incorporated herein by reference, I find
it to be fair, adequate and reasonable. I believe it is in the
public interest to adopt the Memorandum of Understanding and
Agreement of the parties as the basis for disposing of this case
administratively. Therefore, IT IS HEREBY RECOMMENDED to the
Secretary of Labor that the settlement be approved and that this
case be dismissed with prejudice as requested by the parties.