U.S. Department of Labor Office of Administrative Law Judges
50 Fremont Street
Suite 2100
San Francisco, CA 94105
DATE: November 20, 1997
CASE NO: 97-ERA-55
In the Matter of
HOPE G. ALCALA
Complainant
v.
HANFORD ENVIRONMENTAL
HEALTH FOUNDATION
Respondent
RECOMMENDED ORDER OF DISMISSAL
This is a whistleblower complaint brought under the Federal
Energy Reorganization Act (42 U.S.C. § 5851). A duly noticed hearing was
scheduled in this case for October 28, 1997 in Richland, Washington. On October 27,
1997 the parties advised the Court that the case had been settled, and it was
removed from the calendar.
On October 27, 1997 the parties filed a motion to dismiss the
complaint on the grounds that it had been settled. The settlement agreement is
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hereby incorporated by reference and made a part of this Decision and Order. In
general, the settlement, without any admission of wrongdoing, provides that Hanford
Environmental Health Foundation (HEHF) will pay $6165.92 to Alcala. HEHF agrees to
pay the Government Accountability project $1950.00 in attorney fees for Alcala's
representation. HEHF also agrees to pay Dr. Judith Lipton for up to three hours of her
time, at a rate of $225/hour for consultations with Ms. Alcala. HEHF agrees to attach
copies of Dr. Lipton's response to the Department of Labor investigative results to all
existing file copies of the HEHF psychological assessment notes. HEHF also agrees to
attach copies of Dr. Lipton's response to the PSAP Behavioral Disqualification
Information document to all existing copies of the PSAP Behavioral Disqualification
Information sheet.
After reviewing the Motion to Dismiss Complaint and supporting
papers, I find and conclude that the motion should be granted.
RECOMMENDED ORDER
It is ORDERED That:
1.
The motion to dismiss the case at bench is granted.
2.
Case No. 97-ERA-55 is hereby dismissed.
DONALD B. JARVIS
Administrative Law Judge
NOTICE: This Recommended Order and the administrative file in this matter will be
forwarded for review by the Secretary of Labor to the Administrative Review Board, U.S.
Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave.,
N.W., Washington, DC 20210. The Board has the responsibility to issue final agency
decisions on behalf of the Secretary in employee protection cases adjudicated under
the regulations at 29 C.F.R. Parts 24 and 1978. See 61 Fed. Reg. 19978
(1996); 61 Fed. Reg. 19982 (1996).