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Brock v. Tennessee Valley Authority, 89-ERA-13 (ALJ Oct. 1, 1991)


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.

        Richard E. Huddleston
       Administrative Law Judge



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