DATE: August 10, 1988
CASE NO. 87-ERA-33

IN THE MATTER OF

GARY M. HOFFMAN,
    COMPLAINANT,

    v.

FUEL ECONOMY CONTRACTING,
    RESPONDENT,

    and

OMAHA PUBLIC POWER DISTRICT,
    RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

   This case, arising under the employee protection provision of the Energy Reorganization of 1987 (ERA), 43 U.S.C. § 5851 (1982), is before me pursuant to the [recommended] Order of Dismissal¹ issued by Administrative Law Judge (ALJ) Donald W. Mosser on May 6, 1988. The ALJ's recommendation is made pursuant to 29 C.F.R. § 18.39(b) which permits dismissal of a request for hearing upon settlement by the party requesting it.²

   No copy of the settlement agreement has been filed nor have the terms of the agreement been made part of the record in this proceeding. Although it is not necessary that the settlement agreement be made part of my final order, without an opportunity to review the agreement, I am unable to determine whether the terms of the settlement are fair, adequate and reasonable. See Macktal v Brown & Root Inc., No. 86-ERA-23, slip op. at 2-3, May 11, 1987, Johnson v. Transco Products, No. 85-ERA-7, slip op. at 1, Aug. 8, 1985; 42 U.S.C. § 5851(b)(2)(A) (1982).³

   Accordingly, the parties are ordered to file with me within thirty (30) days of receipt of this order a copy of the settlement agreement. If all parties, including Complainant individually, have not signed the settlement agreement itself, the parties shall submit a certification or stipulation, signed by all parties to the agreement, including Complainant individually, attesting to the veracity of the contents of the agreement.

   SO ORDERED.

       ANN McLAUGHLIN
       Secretary of Labor

Washington, D.C.

¹ Under the regulations implementing the ERA, the ALJ issues a recommended decision and order which is forwarded to me for review and the issuance of a final order. See 29 C.F.R. § 24.6(a) (1987).

² The ALJ's order also purports to be made pursuant to 29 C.F.R. § 24.5 (e)(4)(i) which allows an ALJ to dismiss a whistleblower claim upon failure of the complainant or his representative to attend a hearing without good cause or upon a complainant's failure to comply with a lawful order of the ALJ. The record does not reflect the existence of either situation in this case.

³ Section 5851(b)(2)(A) provides in pertinent part that "the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary . . . issue an order either providing the relief prescribed by subparagraph (B) or denying the complaint." (emphasis added).