DATE:  May 17, 1995

CASE NO. 88-ERA-29

In the Matter of    
                    
DOUGLAS A. TRITT    

          Complainant
                         
     v.                  
                         
FLUOR CONSTRUCTORS, INC. 
                         
          Respondent     
                         

BEFORE:  RUDOLF L. JANSEN
         Administrative Law Judge


            SUPPLEMENTAL RECOMMENDED DECISION AND ORDER
                      APPROVING ATTORNEY FEES

     On March 16, 1995, the Secretary entered a Decision and
Order approving my Recommended Decision on Remand previously
entered on August 29, 1994.  In response to the Secretary's
Order, counsel for both the complainant and the respondent have
now submitted a Stipulation on Attorney Fees and Litigation
Expenses for my approval.

     The Stipulation provides that a reasonable amount for
attorney fees and litigation expenses for Louis D. Putney, who is
complainant's counsel, is $18,750.00.  The attorney fees and
expenses are computed as of the date of the submission of the
Stipulation Agreement which was April 27, 1995.  The Stipulation
further provides that the agreed amount will bear interest at the
rate of 7.5 percent per year from March 16, 1995 until finally
paid.  It is stipulated that the parties recognize that the
$18,750.00 is not payable unless and until the complainant
prevails in this case once the appeal process is finally
exhausted.  The Stipulation also provides that complainant's 
[PAGE 2]
counsel reserves the right to recover additional fees and
litigation expenses for legal work performed subsequent to April
27, 1995 in the successful prosecution of this case.  

     Title 42 § 5851(b)(2)(B) of the Energy Reorganization
Act provides in part as follows:

     . . . If an order is issued under this paragraph, the
     Secretary, at the request of the complainant shall
     assess against the person against whom the order is
     issued a sum equal to the aggregate amount of all costs
     and expenses (including attorneys' and expert witness
     fees) reasonably incurred, as determined by the
     Secretary, by the complainant for, or in connection
     with, the bringing of the complaint upon which the
     order was issued. 

Following the entry of the Secretary's Decision and Order of
Remand dated March 16, 1995, complainant's counsel is now
entitled pursuant to the statute to an award of attorney fees and
costs.

     In view of the above, IT IS HEREBY RECOMMENDED that the
Secretary accept the Stipulation of counsel and approve an
attorney fee award in the amount of $18,750.00.  The award
includes all compensation for legal services rendered and
litigation expenses incurred by the complainant up to April 27,
1995.  The award will carry interest at the rate of 7.5 percent
per year under the conditions stated in the Stipulation.  Nothing
in this recommended award prohibits counsel for the complainant
from petitioning for additional attorney fees for time expended
on behalf of the complainant in this matter subsequent to April
27, 1995.  



                                   ________________________
                                    Rudolf L. Jansen
                                   Administrative Law Judge


NOTICE:  This Recommended Decision and the administrative file in
this matter will be forwarded for review by the Secretary of
Labor to the Office of Administrative Appeals, U.S. Department of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Ave., NW, Washington, DC 20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).