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USDOL/OALJ Reporter
SECRETARY OF LABOR
DATE: May 30, 1990
IN THE MATTER OF
WILLIAM T. O'BRIEN,
v.
STONE & WEBSTER ENGINEERING CORP.,
BEFORE: THE SECRETARY OF LABOR
This case, arising under the employee protection provision of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5851 (1982), is before me pursuant to the Recommended Decision and order issued by Administrative Law Judge (ALJ) Stuart A. Levin on February 28, 1985. on July 9, 1985, while the case was pending before me on review, counsel for Respondent filed a Stipulation of Dismissal in which the parties stipulate that they have settled the action and have agreed to a dismissal with prejudice. Accordingly, counsel requested dismissal of the proceeding.
[Page 2]
No copy of the settlement was filed and it is not a part of
the record. Despite the length of time which has elapsed since
the filing of the stipulation of Dismissal, this case cannot be
dismissed unless the Secretary reviews and approves the
settlement. See Thompson v. United States Department of Labor,
885 F.2d 551, 558 (9th Cir. 1989); Fuchko and Yunker v. Georgia
Power Co., Case Nos. 89-ERA-9, 89-ERA-10, Sec. Order, March 23,
1989 (copy attached).1
Accordingly, in order that the settlement can be reviewed to
determine whether it is fair, adequate and reasonable, see
Macktal v. Brown & Root, Inc., Case No. 86-ERA-23, Sec. order,
November 14, 1989, the parties are ordered to submit a copy of
the settlement agreement to me for review. If all the parties,
including Complainant individually, have not signed the
settlement agreement itself, the parties shall submit a
certification or stipulation, signed by all the parties to the
agreement, including Complainant individually, demonstrating
their informed consent to the agreement. The settlement
agreement should be submitted within thirty days of receipt of
this order.
SO ORDERED.
ELIZABETH DOLE
Washington, D.C.
1 The ERA, 42 U.S.C. §
5851(b)(2)(A), also provides that "the
Secretary shall, unless the proceeding on the complaint is
terminated by the Secretary on on the basis of a settlement entered
into by the Secretary . . . issue an order either providing the
relief prescribed by subparagraph B or denying the complaint."
(emphasis added).
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