DOL Home > OALJ > Whistleblower > Lindley v. Factory Mutual Engineering Assoc., 95-ERA-43 (ALJ Oct. 12, 1995) |
DATE: October 12, 1995 CASE NO. 95-ERA-43 In the Matter of: KENNETH S. LINDLEY Complainant v. FACTORY MUTUAL ENGINEERING ASSOCIATION, Respondent Thomas Carpenter, Esq. For the Complainant Thomas A. Miller, Esq. For the Respondent Before: Henry B. Lasky, Administrative Law Judge RECOMMENDED DECISION AND ORDER Complainant Kenneth S. Lindley commenced this proceeding in the above entitled matter on May 4, 1995 with the filing of a complaint with the Department of Labor pursuant to the Energy Reorganization Act, 42 USC §5851. The District Director of the Employment Standards Administration, Wage and Hour Division, U.S. Department of Labor, issued a determination letter on July 13, 1995 finding for the Complainant. The Respondent filed a timely request for a hearing after receiving the decision of the District Director. The matter was assigned to the undersigned on August 2, 1995 and initially scheduled for trial on October 11, 1995 and later rescheduled with a change of venue for October 17, 1995. On October 11, 1995 the parties filed a Joint Request for Approval of Settlement and Stipulated Motion for Dismissal with Prejudice with the undersigned which included a settlement agreement and attached Exhibits A and B. The terms of the settlement agreement provide that the agreement will be treated as confidential and the parties specifically stipulate and agree that Exhibit A, be designated confidential commercial information and handled in accordance with 29 CFR Part 70, or sealed upon review by the Secretary; and
[PAGE 2] if sealed, shall be divulged only upon order of competent jurisdiction. Based upon the joint request for approval of settlement and the stipulated motion for dismissal with prejudice, a review of the settlement agreement and the attached exhibits, it is abundantly clear that the proposed settlement is in the best interest of all parties herein, that it is reasonable and fair under the precise circumstances and issues involve@d in this proceeding. The parties have negotiated in good faith and have agreed to resolve the outstanding and difficult issues in this matter by entering into a proposed settlement, thereby bringing the proceeding to a fair and equitable disposition. I am particularly cognizant of the reputations and capabilities of counsel for the parties which are factors in my recommendation that the settlement negotiated by respective counsel be approved. Exhibit A to the settlement agreement has been reviewed by the undersigned and sealed in an envelope to respect the confidentiality agreed and requested by the parties subject to a review by the Secretary of Labor. RECOMMENDED ORDER 1. It is hereby recommended that the settlement agreement between Complainant, Kenneth S. Lindley, and Respondent, Factory utual Engineering Association, be approved and that the matter be dismissed with prejudice; 2. It is further recommended that Exhibit A of the Settlement Agreement be designated confidential commercial information and handled in accordance with 29 CFR Part 70. HENRY B. LASKY Administrative Law Judge