Bert Williams v. Cynthia Metzler, Acting Secretary, U.S. Department of Labor and Public Service Electric and Gas Company

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 found no breach of the agreement by the employer. Accordingly, we will grant the petition for review and remand for further proceedings.

Petitioner Bert Williams filed a complaint with the…