UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Mitchell v. Arizona Public Service Co., 1992-ERA-28 (Sec'y June 28, 1993)

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DATE:  June 28, 1993
CASE NOS. 92-ERA-28
          92-ERA-29
          92-ERA-35
          92-ERA-55


IN THE MATTER OF

LINDA E. MITCHELL,

          COMPLAINANT,

     v.

ARIZONA PUBLIC SERVICE COMPANY

     and

ARIZONA NUCLEAR POWER PROJECT,

          RESPONDENTS.


BEFORE:  THE SECRETARY OF LABOR


                FINAL ORDER APPROVING SETTLEMENT AGREEMENT 
                           AND DISMISSING CASES
     The captioned cases, which are before me for review, arise
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA).  Prior to hearing
the parties submitted a Joint Motion to Approve Settlement
Agreement and for Dismissal with Prejudice, a fully executed
Settlement Agreement, and a General Release agreement to the
Administrative Law Judge, who construed certain provisions of the
settlement and recommended its approval.  Recommended Order of
Dismissal at 1.

     The terms of the parties' agreement have been reviewed.  I 
[PAGE 2]
note that certain language in the agreement could be construed as
a waiver by Complainant of causes of action she may have which
arise in the future.  See, e.g., Settlement
Agreement at 2-3.  Because a waiver of Complainant's rights based
on future employer actions would be contrary to public policy, I
interpret these provisions as limited to a waiver of the right to
seek damages in the future based on claims or causes of action
arising out of facts or any set of facts occurring before the
date of the agreement.  See Polizzi v. Gibbs and
Hill, Case No. 87-ERA-38, Sec. Order Rejecting in Part and
Approving in Part Settlement Submitted by the Parties and
Dismissing Case, July 18, 1989, slip op. at 9, and cases cited
therein.
     The parties jointly request that I maintain the Settlement
Agreement confidential and under seal.  Joint Motion at 3.  The
parties note in the Settlement, however, that "[n]othing in this
Agreement shall be construed to restrict the disclosure of the
terms of this Agreement where required by law."  Settlement at 4. 
I note that the Freedom of Information Act, 5 U.S.C. § 552
(1982), requires Federal agencies to disclose requested records
unless the records are exempt from disclosure under that Act, and
therefore deny the request that the Settlement remain
confidential and under seal.  
     As so construed, I find the terms of the agreement to be
fair, adequate, and reasonable, and therefore approve the Settlement Agreement.  Accordingly, this case is DISMISSED WITH
PREJUDICE.  See, Settlement Agreement at 2.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.