U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, Ohio 45202
DATE: October 1, 1991
CASE NO: 89-ERA-00013
IN THE MATTER OF:
ROBERT D. BROCK,
Complainant
v.
TENNESSEE VALLEY AUTHORITY,
Respondent
APPEARANCES:
W.P. BOONE DOUGHERTY, Esq.
For the Complainant
HELEN de HAVEN, Esq.
BRENT R. MARQUAND, Esq.
For the Respondent
BEFORE:
Richard E. Huddleston
Administrative Law Judge
RECOMMENDED ORDER APPROVING SETTLEMENT AND
DISMISSING CASE
This proceeding arises under § 210 of the Energy Reorganization
Act of
1974, 42 U.S.C. § 5851 (1982), as amended ("ERA"), and the implementing
regulations at 29 C.F.R. Part 24. The ERA in § 5851(a), prohibits a Nuclear
Regulatory Commission ("NRC") licensee from discharging or otherwise
discriminating against an employee who has engaged in protected activities
as set forth in the Act.
By a Joint Motion for Dismissal filed in this office on June 3, 1991, the
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parties have
advised that they have completely conciliated the matters in controversy as
shown by an executed agreement attached to the motion. The Memorandum of
Understanding and Agreement is dated December 6, 1990, and is signed by
Dwight E. Nunn, as representative
for Tennessee Valley Authority, and by the Complainant, Robert D. Brock, and
W.P. Boone Dougherty, his Attorney.
I have reviewed the terms of the settlement agreement, and I find it
fair, adequate, and reasonable. Accordingly, it is Recommended that the
Secretary of Labor enter an order dismissing this proceeding with full
prejudice.
Entered this the 1st day of October, 1991, at Cincinnati, Ohio.