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Issue Date: 26 May 2004
Case No.: 2004-ERA-2
IN THE MATTER OF
LOUIS WADE,
Complainant
vs.
MURTCO, INC.,
Respondent.
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
This proceeding arises from complaints filed against Mutco, Inc., alleging violations of Section 211 of the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 5851.
On May 17, 2004, the parties filed a Joint Motion to Approve Settlement Agreement and Dismissal with Prejudice and the Settlement Agreement with Mutco, Inc. have been separately executed by the Complainant and are collectively referred to herein as the "Settlement Agreement." The Settlement Agreement is attached hereto and made a part hereof. I have reviewed the Settlement Agreement and I enter the following findings:
1. The Settlement Agreement appears to be fair and reasonable on its face and it further appears that it effectuates the purposes and policies of the statue under which it arises;
2. This Decision and Order shall have the same force and effect as one made after a full hearing on the merits;
3. The entire record on which this Decision and Order is based consists solely of the Complaints and the Settlement Agreement between the parties; and,
4. The parties are hereby deemed to waive any further procedural steps before the undersigned or the Secretary of Labor, as appropriate, regarding the matters which are the subject of their Agreement.
Based on the foregoing, and in accordance with the agreement of the parties, IT IS ORDERED that:
1. The Settlement Agreement be, and it hereby is APPROVED;
2. The Complaint in this matter be, and it hereby is, DISMISSED, with prejudice.
So ORDERED.
RICHARD D. MILLS
Administrative Law Judge
NOTICE: This Recommended Decision and Order will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such petition for review must be received by the Administrative Review within ten business days of the date of this Recommended Decision and Order, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.7(d) and 24.8.
