Date:  July 6, 1995

Case No. 95-WPC-4

In the Matter of:

DAVID MCDONALD,
         Complainant

    v.

SAM'S CLUB,
         Respondent


                   RECOMMENDED DECISION AND ORDER
                   APPROVING SETTLEMENT AGREEMENT

    This proceeding arises under the Energy Reorganization
Act, 42 U.S.C. §5851, et seq. (1972), and its imple-
menting regulations at 29 C.F.R. Part 24.  The rules provided at
29 C.F.R. Part 18 shall apply to this proceeding except as
modified by 29 C.F.R. Part 24.  By Notice dated April 3, 1995, a
formal hearing in this case was scheduled for 9:00 a.m. on
Thursday, June 8, 1995, in Bloomington, Indiana.
  
    On June 22, 1995, the parties submitted for approval by the
undersigned a Settlement Agreement and Mutual Release, duly
executed by all parties to this litigation, attached hereto and
made a part hereof.  I have reviewed the agreement and I enter
the following findings:

    1.   The agreement appears to be fair and reasonable on its
         face and it further appears that it effectuates the
         purposes and policies of the statute under which it
         arises;

    2.   This Decision and Order shall have the same force and
         effect as one made after a full hearing on the merits;

    3.   The entire record on which this Decision and Order is
         based consists solely of the Complaint and the Agreement
         between the parties; and,


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    4.   The parties are hereby deemed to waive any further
         procedural steps before the undersigned or the Secretary
         of Labor, as appropriate, regarding the matters which
         are the subject of their Agreement.

    Based on the foregoing, and in accordance with the agreement
of the parties, IT IS ORDERED that:

    1.   The hearing in this matter scheduled for June 8, 1995,
         in Bloomington, Indiana, is hereby CANCELLED;

    2.   The Agreement be, and it hereby is, APPROVED;

    3.   The Complaint in this matter be, and it hereby is,
         DISMISSED, with prejudice.


  

    
                                         DANIEL J. ROKETENETZ
                                         Administrative Law Judge