In the Matter Of

DONALD J. WILLY,                   CASE NO. 85-CAA-1

          COMPLAINANT,             DATE:  July 1, 1996

     v.

THE COASTAL CORPORATION
AND COASTAL STATES
MANAGEMENT CORPORATION,

          RESPONDENT.


BEFORE:   The Administrative Review Board[1] 


                            ORDER
   
     The Secretary remanded this case to the Administrative Law
Judge (ALJ) to calculate back pay due the Complainant Donald J.
Willy.  The Secretary found that Respondent discriminated against
Willy when it fired him but rejected the ALJ's recommendation to
deny all relief because at the hearing Willy misrepresented his
attempts to mitigate damages.  Willy argued before the ALJ on
remand that he is also entitled to exemplary or punitive damages
under some of the statutes under which the complaint in this case
was filed.  The ALJ has requested clarification of whether the
Secretary's remand order allows for consideration of an award of
exemplary damages in addition to back pay.

     On remand, the ALJ should make a recommendation whether the
Board should award exemplary damages, and the amount of the
award, if any, under any of the statutes providing for such
damages.  See, e.g., the Toxic Substances Control Act, 15
U.S.C. § 2622(b)(2)(B) (1988) ("the Secretary shall order .
. . where appropriate, exemplary damages."); Johnson v. Old
Dominion Security, Case No. 86-CAA-3,4,5, Sec'y. Dec. May 29,
1991, slip op. at 28-30; Pogue v. United States Dep't of the
Navy, Case No. 87-ERA-21, Sec'y. Dec. on Remand Apr. 14,
1994, slip op. 
at 15-22.

[PAGE 2]

     SO ORDERED.



                              _____________________
                              DAVID A. O'BRIEN
                              Chair



                              _____________________
                              KARL J. SANDSTROM
                              Member


     
                              _____________________
                              JOYCE D. MILLER
                              Alternate Member


[ENDNOTES]
           
[1]   This case was filed before the Secretary of Labor pursuant
to the Clean Air Act and 29 C.F.R. Part 24.  On April 17, 1996,
the Secretary delegated jurisdiction to issue final agency
decisions under this statute and these regulations to the newly
created Administrative Review Board (the Board).  Secretary's
Order 2-96 (Apr. 17, 1996), 61 Fed. Reg. 19978, May 3, 1996 (copy
attached).