Office of Administrative Law Judges Seven Parkway Center - Room
290 Pittsburgh, PA 15220
(412) 644-5754 (412) 644-5005 (FAX)
DATE: September 1, 2000
CASE NO: 2000-ERA-21
In the Matter of
MARIE E. JENNEWEIN
Complainant
v.
ABB COMBUSTION ENGINEERING
NUCLEAR, INC.
Respondent
RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT AGREEMENT
AND
DISMISSING COMPLAINT WITH PREJUDICE
This is a proceeding arising under the Energy Reorganization Act
("ERA"), 42 U.S.C. § 5851, and its implementing regulations at 29 C.F.R. Part
24. On August 29, 2000, the Complainant submitted a duly executed "Motion to Dismiss
With Prejudice Based on Voluntary Settlement" along with a Settlement Agreement and
General Release executed by the parties. Although Part 24 regulations do not contain any
provision relating to a dismissal of a complaint by voluntary settlement, under the Rules of
Practice and Procedure for Administrative Hearings before the Office of Administrative Law
Judges, 29 C.F.R. Part 18, which are controlling in the absence of a specific provision at Part 24,
the parties in a proceeding before an administrative law judge may reach agreement on their own.
29 C.F.R. Part 18.9 (a)-(c).
Under the terms of the instant Settlement Agreement, the Respondent
agrees to pay Complainant and his attorneys stated sums in consideration of releases and
discharges stated therein. With respect to Paragraphs 5 & 6 of the Settlement Agreement, which
provides that the parties shall keep the terms of the settlement confidential, it is noted that they
have attempted to comply with applicable case law by specifically providing that the
confidentiality provision does not restrict disclosure where required by law. See McGlynn v.
Pulsair, Inc., 93-CAA-2 (Sec'y June 28, 1993).
[Page 2]
Having fully reviewed the Settlement Agreement in accordance with
applicable precedent, I find that its terms are a fair, adequate, and reasonable settlement of the
complaint. SeeThompson v. U. S. Department of Labor, 885 F.2d 551 (9th Cir.
1989); Bonanno v. Stone &Weber Engineering Corp., 97-ERA-33
(ARB June 27, 1997).
Accordingly, the Complainant's Motion of the parties is GRANTED, and it
is hereby RECOMMENDED that the Settlement Agreement between Complainant Marie
Jennewein and Respondent ABB Combustion Engineering Nuclear Power, Inc., be APPROVED
and that the instant complaint be DISMISSED WITH PREJUDICE.
MICHAEL P. LESNIAK
Administrative Law Judge
MPL:mr
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, N.W., Washington, D.C. 20210.
Such petition for review must be received by the Administrative Review Board 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. §§ 24.8
and 24.9, as amended by 63 Fed. Reg. 6614 (1998).