IOWA ELECTRIC POWER AND LIGHT
COMPANY,
RESPONDENTS.
BEFORE: THE SECRETARY OF LABOR
ORDER APPROVING SETTLEMENT
On January 9, 1990, Administrative Law Judge (ALJ)
Charles P. Rippey issued a Recommended Decision and Order in this
case which arises under the Energy Reorganization Act of 1974,
as amended (ERA), 42 U.S.C. §5851 (1982), and its implementing
regulations. The case is now before me for review. 29 C.F.R.
§24.6(b) (1989).
By letter dated February 5, 1990, counsel for Respondent
Lumbermens Mutual Casualty Company submitted to me a Settlement
Agreement and General Release signed by Complainant and
representatives of both Respondents. In the interest of judicial
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economy, rather than remand the case to the ALJ to review the
settlement and submit a new recommended decision, I have
proceeded to review the Settlement Agreement and General Release.
Paragraph 2 of the agreement may encompass the settlement of
matters arising under various laws, only one of which is the ERA.
As stated in Poulos v. Ambassador Fuel Oil Co., Inc., Case
No. 86-CAA-1, Secretary's Order, issued November 2, 1987, slip
op. at 2:
[The Secretary's] authority over settlement
agreements is limited to such statutes as are
within [the Secretary's] jurisdiction and is
defined by the applicable statute. See
Aurich v. Consolidated Edison Company of New
York, Inc., Case No. [86-]CAA-2, Secretary's
Order Approving Settlement, issued July 29,
1987; Chase v. Buncombe County, N.C., Case
No. 85-SWD-4, Secretary's Decision and Order
on Remand, issued November 3, 1986.
I have, therefore, limited my review of the agreement to
determining whether the terms thereof are a fair, adequate and
reasonable settlement of Complainant's allegation that
Respondents violated the ERA.
Upon review I find the terms of the agreement, except as
limited above, to be fair, adequate and reasonable. I therefore
accept and approve the settlement. This case is dismissed.