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Kleinschmidt v. Framatome ANP Duke Engineering & Services, Inc., 2003-ERA-19 (ALJ Jan. 29, 2004)
U.S. Department of Labor | Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002 | ![]() |
In the Matter of:
PETER R. KLEINSCHMIDT,
Complainant,
v.
FRAMATOME ANP DUKE ENGINEERING
AND SERVICES, INC.,
Respondent.
This case involves a claim for a violation of the employee protection provisions of Section 211 of the Energy Reorganization Act of 1974, 42 U.S.C. §5851. Complainant has alleged that he was the subject of discriminatory action by Respondent for activities protected under the Act. The parties filed a Joint Motion for Approval of Settlement Agreement and To Dismiss and related attachments on October 23, 2003. The Settlement Agreement and Release has been revised, executed as of January 23, 2004, and resubmitted for approval on January 27, 2004. This tribunal must determine whether the terms of the Settlement Agreement and Release as submitted are a fair, adequate, and reasonable settlement of the complaint. 29 CFR §§24.6(f)(1), 24.7(a), 24.8(a); Macktal v. Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S. Dep't of Labor, 885 F.2d 551, 556 (9th Cir. 1989); Fuchko & Yunker v. Georgia Power Co., Case Nos. 89-ERA-9, 89-ERA-10 (Sec. Order, Mar. 23, 1989, slip op. at 1-2).
Examination of the motion and the Settlement Agreement and Release establishes that the agreement is a fair, adequate, and reasonable settlement of the complaint. It incorporates a comprehensive and unrestricted release of the parties, each to the other, of all claims deriving from acts or omissions which occurred prior to the effective date of the Settlement Agreement; a warranty by Complainant that he has not assigned or transferred any claim released under the Settlement Agreement; and comprehensive mutual covenants not to sue. The parties represent that the Settlement "Agreement embodies the entire Agreement and understanding between the Parties with respect to the subject matter addressed herein. There are no other agreements, covenants, undertakings, representations or warranties with respect to the subject matter of this Agreement other than those expressly set forth and referred to herein." These provisions and the provision restricting disclosure are deemed to comport with and to satisfy the requirements of applicable law and regulations. Wherefore, it is
ORDERED that the Settlement Agreement and Release executed by the Parties as of January 23, 2004, be approved, its terms be effectuated, and the case be dismissed.
EDWARD TERHUNE MILLER
Administrative Law Judge