DATE: December 2, 1987
CASE NO: 88-ERA-5

In the Matter of

GARY M. HOFFMAN,
    Complainant,

    v.

FUEL ECONOMY CONTRACTING,
    Respondent,

    and

OMAHA PUBLIC POWER DISTRICT,
    Respondent.

    For the reasons expressed in the Order dated December 2, 1987, a copy of which is attached and incorporated by reference, it is recommended that the Secretary of Labor dismiss the October 17, 1987 appeal by Gary M. Hoffman of the letter issued on October 16, 1987 by James L. Skolaut, Area Director, Employment Standards Administration, Wage and Hour Division, United States Department of Labor, Omaha, Nebraska, on the grounds that letter does not constitute a notice of determination within the meaning of the Energy Reorganization Act, 41 U.S.C. § 5851, and the regulations promulgated thereunder, 29 C.F.R. § 24.4(d).

       DONALD W. MOSSER
       ADMINISTRATIVE LAW JUDGE