CONNECTICUT LIGHT & POWER v. SECRETARY OF LABOR

No. 776, Docket 95-4094.

85 F.3d 89 (1996)

The CONNECTICUT LIGHT & POWER COMPANY, dba Northeast Utilities Service Company, Petitioner, v. SECRETARY OF the UNITED STATES DEPARTMENT OF LABOR, Respondent, John Delcore, Intervenor.

United States Court of Appeals, Second Circuit.

Decided May 31, 1996.


Attorney(s) appearing for the Case

Charles C. Thebaud, Jr., Morgan, Lewis & Bockius, Washington, DC, for Petitioner.

Anne Payne Fugett, Attorney, U.S. Department of Labor, Washington, DC (Thomas S. Williamson, Jr., Solicitor of Labor; Gail V. Coleman, Deputy Associate Solicitor; and William J. Stone, Counsel for Appellate Litigation, U.S. Department of Labor, Washington, DC, of counsel), for Respondent.

Frederick P. Amore, Branford, Connecticut, for Intervenor.

Before: KEARSE, WALKER, and HEANEY, Circuit Judges.


HEANEY, Senior Circuit Judge:

The Secretary of Labor held that an employer's proffering of a settlement agreement containing provisions that would have restricted its employee's access to judicial and administrative agencies violated Section 210 of the Energy Reorganization Act of 1974 ("ERA"), 42 U.S.C. § 5851(a) (1988). The employer appeals the decision claiming that former employees are not covered by the ERA, proffering a settlement agreement does not constitute...

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