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Neal v. Energy Nuclear Operations, Inc., 2002-ERA-34 (ALJ Nov. 29, 2002)
U.S. Department of Labor | Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109 (617) 223-9355 |
Issue Date: 29 November 2002
CASE NO.: 2002-ERA-00034
In the Matter of
JOHNNY F. NEAL, JR.
Complainant
v.
ENERGY NUCLEAR OPERATIONS, INC.
Respondent
This matter arises under the employee protection provisions of the Energy Reorganization Act, 42 U.S.C. §5851 (the Act), and its implementing regulations which are found at 29 C.F.R. Part 24. On November 12, 2002, the parties submitted for approval a Settlement Agreement, Release and Covenant Not to Sue.
Pursuant to the requirements of the Act and Regulations, I have carefully reviewed the terms of the parties' Settlement Agreement, and I have determined that it constitutes a fair, adequate and reasonable settlement of the complaint. 29 C.F.R. §24.6; Macktal v. Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Department of Labor, 885 F.2d 551, 556 (9th Cir. 1989).
Accordingly, I recommend the agreement be APPROVED and that the complaint be DISMISSED WITH PREJUDICE.
SO ORDERED.
Daniel F. Sutton
Administrative Law Judge
Boston, Massachusetts
DFS:dmd
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, NW, Washington, DC 20210. Such a 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. 29 C.F.R. §24.8 (2000).