This case arises under the employee protection provision of
the Energy Reorganization Act of 1974, as amended (ERA),
42 U.S.C. § 5851 (1982), and is before me for review of a
Settlement Agreement entered into by the parties.
On March 29, 1990, I issued an Order to Show Cause. As I
explained in that order:
Paragraph 6 of the settlement requires Complainant to
"refrain from any voluntary participation in any
[Page 2]
employment discrimination proceedings against
[Respondent], and [to] refrain from providing any
information of any kind about (Respondent) to any
individuals, organizations or private or governmental
agencies." Paragraph 7 of the settlement requires
Complainant to "refrain from encouraging, assisting,
persuading or attempting to persuade other persons to
commence discrimination in employment proceedings or
claims against [Respondent]."
Paragraphs 6 and 7 of the settlement here would
restrict complainant from providing information to the
Nuclear Regulatory Commission (NRC) or any other
agency. Such information could be relevant and
material to law enforcement investigations by the NRC
or other agencies, including investigations by the
Department of Labor under the ERA or other laws.
Paragraphs 6 and 7 also would prohibit Complainant from
voluntarily testifying, taking part in or assisting in
any law enforcement proceeding involving an alleged
violation of the ERA.
Slip op. at 2.
Accordingly, I found paragraphs 6 and 7 of the parties'
Settlement Agreement (Settlement) void as against public policy
to the extent that those paragraphs would restrict Complainant
from communicating to federal or state enforcement authorities
concerning alleged violations of the ERA or other laws. The
Order to Show Cause gave the parties 30 days to show cause why
paragraphs 6 and 7 should not be severed and the remainder of the
Settlement Agreement approved and this case dismissed with
prejudice.
The parties have not filed any response to the Order to Show
Cause. Accordingly, paragraphs 6 and 7 of the settlement are
severed to the extent that they would restrict Complainant from
communicating to federal or state enforcement authorities
concerning alleged violations of the ERA or other laws. I find
the remainder of the settlement to be fair, adequate and
reasonable and it is approved as provided in the Order to Show
Cause. This case is dismissed With prejudice. Settlement
Agreement, paragraph 4.
