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Batten v. Wackenhut Nuclear Services Division, 2003-ERA-8 (ALJ Aug. 5, 2003)
U.S. Department of Labor | Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111 Veterans Memorial Blvd Metairie, LA 70005 (504) 589-6201 | ![]() |
Issue Date: 05 August 2003
CASE NO. 2003-ERA-8
IN THE MATTER OF
STANLEY T. BATTEN,
Complainant
v.
WACKENHUT NUCLEAR
SERVICES DIVISION,
Respondent
This proceeding arises from a complaint filed on October 11, 2002, by Stanley T. Batten (Complainant) against Wackenhut Nuclear Services Division (Respondent) alleging violations of Section 211 of the Energy Reorganization Act of 1974 as amended, 42 U.S.C. 5851.
On August 4, 2003, Respondent filed a Motion to Dismiss with Prejudice Based on Voluntary Settlement of this case entered into by the parties. I have reviewed the parties settlement agreement entitled "Confidential Release and Settlement Agreement." By entering into the settlement agreement Complainant agreed to seek dismissal of the instant complaint with prejudice based upon a resolution of all issues with Respondent. The settlement agreement appears to be fair and reasonable on its face and to effectuate the purposes and policies of the statute under which it arises.
Accordingly, I recommend approval of the parties settlement agreement finding that it has the same force and effect as one made after a full hearing on the merits with the record, consisting solely of the complaint and settlement agreement and confidential release of the parties. The parties are hereby deemed to have waived any further procedural steps before the undersigned and the Secretary of Labor, as appropriate, regarding matters which are the subject of this agreement.
Further, based upon the foregoing, and in accordance with the parties agreement:
IT IS HEREBY ORDERED that:
1. The settlement agreement is approved.
2. The complaint in this matter is dismissed with prejudice.
3. The parties request for confidential treatment of the settlement agreement is granted. Pursuant to 29 C.F.R. § 70.26 the terms of this settlement agreement shall not be disclosed to parties other than those designated in the settlement agreement.
CLEMENT J. KENNINGTON
Administrative Law Judge
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. See 29 C.F.R. §§ 24.7(d) and 24.8.