NOVEMBER 29, 1989

CASE NOS: 86-ERA-18
86-ERA-19
86-ERA-20

IN THE MATTER OF

THOMAS R. MCGOUGH III
WILLIAM TOTH
THOMAS R. SYLVESTER
    Complainants

UNITED STATES NAVY, ROICC
    Respondent

    Since November 27, 1989 issuance of Order of Dismissal, I have become aware of the Secretary's November 6, 1989 Order to Submit Settlement, Daily v. Portland General Electric Co., 88-ERA-40, and her statements in it.

    The matters here were not and are not the subject of a settlement agreement. Complainants here elected to withdraw their complaints, with prejudice. Each so certified and signed to such an individual decision, and the record reflects the procedural history in this Office since the Secretary's June 30, 1988 Order.

    However, it would now appear to best and most expeditiously serve the parties' interests in securing what their November 21, 1999 submissions to me seek, that my November 27, 1989 Order be amended to reflect it is a recommended order only, subject to the Secretary's review to finality.

    It is so amended and ORDERED.

       ELLIN M. O'SHEA
       Administrative Law Judge

San Francisco, California

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