U.S. Department of Labor    Administrative Review Board
                               200 Constitution Avenue, N.W.
                               Washington, D.C.  20210


In the Matter of:

JESSIE DOTSON
          COMPLAINANT,
                              CASE NO. 95-CAA-11
     v.

ANDERSON HEATING              DATE: July 17, 1996
     AND COOLING, INC.
          RESPONDENT.

BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1]


                   FINAL DECISION AND ORDER

     The Administrative Law Judge (ALJ) submitted a Recommended
Decision and Order (R. D. & O.) in this case arising under the
Clean Air Act, 42 U.S.C. § 7622 (1988), recommending that
the complaint be denied.  Complainant Jessie Dotson alleged he
was discriminated against by Respondent Anderson Heating and
Cooling, Inc., (Anderson) when it discharged him after he
threatened to report cheating on an Environmental Protection
Agency required examination.  The ALJ found that Anderson laid
Dotson off because of a decline in available work, not because of
his protected activity.  R.D. & O. at 16-17.  The ALJ also found
that Dotson is not protected by the Clean Air Act because he
deliberately violated the Act by himself cheating on the
examination and that Anderson did not direct him to do so.  R.D.
& O. at 18-19; 42 U.S.C. § 7622(g).

     The record in this case has been reviewed and we find that
it fully supports the ALJ's findings and conclusion (copy
attached).  We adopt the recommendation that this complaint be
denied.

     SO ORDERED.

                                   DAVID O'BRIEN
                                   Chair

[PAGE 2]

                                   KARL J. SANDSTROM
                                   Member

                                   JOYCE C. MILLER
                                   Alternate Member

[ENDNOTES]

[1]  On April 17, 1996 a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
to the newly created Administrative Review Board.  61 Fed. Reg.
19978 (May 3, 1996)(copy attached).

     Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions.  A
copy of the final procedural revisions to the regulations (61
Fed. Reg. 19982), implementing this reorganization is also
attached.