DATE:  July 21, 1994
CASE NO. 91-ERA-7


IN THE MATTER OF

JOHN J. DELCORE,

          COMPLAINANT,

     v.

INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     On December 4, 1990, the Administrative Law Judge (ALJ)
submitted a Recommended Order of Dismissal (R.O.D.) in this case
arising under Section 210 (employee protection provision) of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. 
§ 5851 (1988), recommending that the complaint be dismissed
"since the Respondent/union is not an employer within the meaning
of the ERA anti-discrimination provisions."
     I have reviewed the record in this case in its entirety, and
I agree with and adopt the ALJ's recommended order. [1]  
See Delcore v. Intern. Brotherhood of Elec.
Workers, Case No. 91-ERA-27, Sec. Dec., Jan. 12, 1994.
     Accordingly, the complaint in this case is DISMISSED.
     SO ORDERED.




                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.

[PAGE 2]








[ENDNOTES]
           
[1]   Subsequent to Complainant's complaint, the ERA employee
protection provision was renumbered (now Section 211) and
amended, inter alia, to broaden the definition of a covered
"employer."  The amendments apply only to complaints filed on or
after October 24, 1992, the date of enactment.  Accordingly, for
purposes of the captioned case, an employer covered under ERA
Section 210 was "a [Nuclear Regulatory] Commission licensee, an
applicant for a Commission license, or a contractor or a
subcontractor of a Commission licensee or applicant . . . ." 42
U.S.C. § 5851(a)(1) (1988).  Compare Section 211
(a)(2), 42 U.S.C. § 5851(a)(2) (Supp. IV 1992).