DATE:  February 22, 1994
CASE NO. 89-ERA-9 & 10


IN THE MATTER OF

JOHN M. FUCHKO, 

     and

GARY A. YUNKER,

          COMPLAINANTS,

     v.

GEORGIA POWER COMPANY

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                              ORDER OF REMAND

     The Administrative Law Judge (ALJ) submitted a [recommended]
Order Granting Stipulation of Dismissal with Prejudice to the
Secretary in these cases arising under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1988), which was based on "a full
settlement" of these matters.  In accordance with established
procedure in ERA cases where dismissal is sought on the basis of
a settlement, the Secretary issued an Order to Submit Settlement
Agreement giving the parties 30 days to submit a copy of the
settlement for review.  
     Rather than submitting a copy of the settlement, the parties
jointly moved for remand of these matters to the ALJ and for a
protective order.  The parties proposed that on remand the ALJ
would review the settlement in camera, submit a
recommended decision to the Secretary on whether the agreement
should be approved, and return the agreement to the parties.  Any
documents 
[PAGE 2]
in the record relating to the settlement would be covered by the
requested protective order and access to them would be
restricted.  Joint Motion for Remand and Protective Order at 3-4.
     The joint motion is DENIED.  Administrative economy would
not be served by remanding these matters to the ALJ for a
recommended decision on whether the settlement is acceptable when
no fact finding is required and the settlement can be submitted
to and reviewed by the Secretary.  Even if these matters were
remanded for that purpose, it would be improper under the
regulations for the ALJ to review the settlement and return it to
the parties.  An ALJ's recommended decision under the ERA must be
forwarded to the Secretary "together with the record," 29 C.F.R.
§ 24.6(a) (1993), and "[a]ll exhibits and other pertinent
documents or records . . . shall be incorporated into the
record."  29 C.F.R. § 24.5(e)(2).
     In addition, it is well settled that all documents in the
record in an ERA case are government records subject to
disclosure under the Freedom of Information Act, 5 U.S.C. 
§ 552(b) (1988), and that motions to seal the record or
restrict access to any part of it will be denied.  Corder v.
Bechtel Energy Corp. Case No. 88-ERA-9, Secy. Order Feb. 9,
1994, slip op. at 4-5; DeBose v. Carolina Power and Light
Co., Case No. 92-ERA-14, Sec'y. Ord. Feb. 7, 1994, slip op.
at 2-3 and cases discussed therein.
     Finally, I cannot accept the ALJ's recommendation without
reviewing a copy of the settlement on which it was based and
therefore I reject the ALJ's recommendation.
     Accordingly, these matters are REMANDED to the ALJ for
further proceedings consistent with this order.
     SO ORDERED.

                                   ROBERT B. REICH
                                   Secretary of Labor


Washington, D.C.