WILLIAMS v. METZLER

No. 97-3127.

132 F.3d 937 (1997)

Bert WILLIAMS, Petitioner, v. Cynthia METZLER, Acting Secretary, U.S. Department of Labor and Public Service Electric and Gas Company, Respondents.

United States Court of Appeals, Third Circuit.

Decided December 30, 1997.


Attorney(s) appearing for the Case

David R. Culp (argued), Berry and Culp, P.C., Philadelphia, PA, for Petitioner.

Ellen R. Edmond (argued), William J. Stone, United States Department of Labor, Washington, DC, for Secretary of Labor.

Robert M. Rader (argued), Winston & Strawn, Washington, DC, for Public Service Electric and Gas Company.

Before: NYGAARD, McKEE and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this case, we hold that the Secretary of Labor does not have the authority, even with the consent of the parties, to enforce a settlement agreement resolving a retaliation claim brought by an employee/whistleblower against his employer under the Energy Reorganization Act. We also conclude that, as a matter of law, the Secretary misconstrued the agreement when he...

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