DOL Home > OALJ > Whistleblower > Jackson v. Science Applications International Corp., 95-ERA-24 (ALJ Nov. 28, 1995) |
DATE: November 28, 1995 CASE NO: 95-ERA-24 In the Matter of DONALD J. JACKSON, Complainant v. SCIENCE APPLICATIONS INTERNATIONAL CORPORATION DIVISION 012, SAVANNAH RIVER Respondent RECOMMENDED ORDER OF DISMISSAL This case arises under §210 of the Energy Reorganization Act of 1974 (hereinafter, the "Act"), 42 U.S.C. §5851 as implemented by the regulations at 29 C.F.R. Part 24. The Complainant, Donald J. Jackson, filed a complaint with the U.S. Department of Labor (hereinafter, "DOL") on December 14, 1994, alleging that he was terminated by Respondent, Science Applications International Corporation Division 012, Savannah River in violation of the Act. This matter was set for hearing for January 23, 1996. On November 27, 1995, a Motion to Dismiss with an attached settlement agreement was received by this office. The document is appropriately signed by the parties and purport to incorporate the understanding of the parties as to the basis for settlement. The parties have moved that I recommend that this case be dismissed with prejudice. My review of the settlement agreement is limited to a determination of whether its terms are a fair, adequate and reasonable settlement of Donald J. Jackson's complaints concerning violations of the Energy Reorganization Act. The basic criteria is whether or not the settlement adequately protects the Whistleblower. Virginia Electric and Power Company, 19 FERC §61, 333 (Federal Energy Regulatory Commission, 1982). Also, the settlement must not be contrary to the public interest. Heffley v.
[PAGE 2] NGK Metals Corp., 89 SDW2 (Secretary, March 6, 1990). The parties in addition to mutual releases have agreed to keep their agreement including the amount of consideration paid thereunder, confidential and agree that, except as may be required by order of court, subpoena, law or, in the case of SAIC, except as may be required by contract, they will not, directly or indirectly, disclose to any person or entity the terms and/or conditions of said Settlement Agreement and/or any understandings, agreements, provisions and/or information contained therein. After consideration of the settlement agreement and the representations of the parties, I find the agreement to be fair, adequate and reasonable. I believe it is in the public interest to adopt the agreement as the basis for the administrative disposition of this case. Therefore, I recommend dismissal of this proceeding with prejudice based upon authority conferred by 29 C.F.R. §18.39(b). _____________________________ RICHARD D. MILLS Administrative Law Judge etairie, Louisiana RDM/ea NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decision in employee protection cases adjudicated under the regulations at 29 C.F.R. Part 24 and 1978. See 55 Fed. Reg. 13250 (1990).