DATE:     August 16, 1993
CASE NO.: 86-ERA-36


IN THE MATTER OF

RONALD GOLDSTEIN,
          COMPLAINANT,

     v.

EBASCO CONSTRUCTORS, INC.,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


                                        ORDER
   

     The United States Court of Appeals for the Fifth Circuit
vacated the Secretary's April 7, 1992 Decision and Order and
remanded this case to the Secretary "for further consideration
not inconsistent with" the court's decision on Respondent's
petition for review.  The court held that "[t]his case is clearly
controlled by the decision in Brown & Root [Inc. v.
Donovan, 747 F.2d 1029 (5th Cir. 1984)]" and that
Complainant's internal safety and quality complaints "were not
protected by the statute."

     Accordingly, the complaint in ths case is DISMISSED.

     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor


Washington, D.C.