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USDOL/OALJ Reporter
Jones v. Tennessee Valley Authority, 89-ERA-27 (Sec'y Jan. 26, 1995)


                        U.S DEPARTMENT OF LABOR
                                    
                            SECRETARY OF LABOR
                               WASHINGTON, D.C.


DATE:     January 26, 1995
CASE NO.  89-ERA-27

IN THE MATTER OF

JAMES C. JONES,
          COMPLAINANT

     v.

TENNESSEE VALLEY AUTHORITY
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


        FINAL ORDER APPROVING SETTLEMENT 
               AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. Sec. 5851 (1988 and Supp. IV 1992).  The parties submitted
a modified conciliation agreement to the presiding Administrative
Law Judge (ALJ) and on November 1, 1994, the ALJ issued a
decision recommending that, "the conciliation agreement as
modified on remand" be approved and that the complaint be
dismissed with prejudice.

     Because the ALJ's recommendation for approval of the
parties' agreement is based on the terms of their conciliation
agreement, I am obligated to review it to determine whether its
terms are a fair, adequate and reasonable settlement of the
complaint in this matter.  42 U.S.C. Sec 5851(b)(2)(A) (1988). 
Macktel v. Secretary of Labor, 923 F.2d 1150, 1153-54 (5th Cir.
1991); Thompson v. U.S. Department of Labor, 885 F.2d 551, 556
(9th Cir. 1989); Fuchko and Yunker v. Georgia Power Co., Case
Nos. 89-ERA-9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at
1-2.

     After a thorough review of the parties' conciliation
agreement, I find that the agreement, as modified, is a fair,
adequate and reasonable resolution of the complaint. 
Accordingly, I APPROVE the agreement and DISMISS
THE COMPLAINT WITH PREJUDICE.

     SO ORDERED.


                               ROBERT B. REICH 
                              Secretary of Labor


Washington, D.C.



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