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 April 26, 1990, I issued an Order to Show Cause. As I
explained in that order:
Paragraph 8 of the Settlement requires Complainant not
to "participate in, aid, encourage, support or assist
in any other claims which may be brought against
(Respondent)." Paragraph 12 of the Settlement requires
Complainant not to "disclose, except as required by
law, any complaints or claims ever made about his
employment at (Respondent)."
Paragraphs 8 and 12 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 8 and 12 also would prohibit Complainant
from voluntarily testifying, taking part in, or
assisting in any law enforcement proceeding involving
an alleged violation by Respondent of the ERA.
[Page 2]
Slip op. at 2.
Accordingly, I found paragraphs 8 and 12 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 8 and 12 should not be severed and the remainder of
the Settlement Agreement approved and this case dismissed with
prejudice.
No response to the Order to Show Cause has been received
from either party. Accordingly, paragraphs 8 and 12 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 1.
