NOTICE
On February 14, 1994, the Secretary of Labor issued a Final Order
Disapproving
Settlement
And Remanding Case, in accordance with Macktal v. Secretary of Labor, 923 F.2d 1150
(5th Cir. 1991), in this matter, which arises under the employee protection provisions of the
Energy
Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1988). After the Secretary issued
an
Order Denying Motion For Reconsideration on June 13, 1994, and the U.S. Court of Appeals
declined jurisdiction of Respondent's interlocutory appeal, the case was docketed with an
Administrative Law Judge (ALJ) and the matter was set for hearing. Just prior to the hearing,
Complainant advised the ALJ that he was withdrawing his complaint with prejudice.
The ALJ has issued a Recommended Decision And Order Granting
Withdrawal Of Complaint
With Prejudice. Pursuant to 29 C.F.R. § 24.6(a), the Board must approve Complainant's
voluntary dismissal of this case. The Board has a responsibility to assure compliance with the
ERA.
The outcome of any particular ERA case affects not only the parties, but impacts on the public as
well. Therefore, the Office of the Solicitor, Associate Solicitor, Division of Fair Labor
Standards,
is requested to review this matter to ensure that the provisions of the ERA are complied with
[Page 2]
regarding the Secretary's role in the settlement and dismissal of such cases and, if deemed
appropriate, within 30 days file a motion to intervene.
- SO ORDERED.
- DAVID A. O'BRIEN
- Chair
- KARL J. SANDSTROM
- Member
[ENDNOTES]