Date:  October 20, 1995

Case Nos. 93-ERA-2; 95-ERA-48 

RONALD A. THOMPSON
     COMPLAINANT

vs.

HOUSTON LIGHTING & POWER
COMPANY
     RESPONDENT

                      RECOMMENDED ORDER OF DISMISSAL

     On this day, the Court considered Complainant's Notice of
Voluntary Dismissal of Case No. 95-ERA-48 Without Prejudice and
Complainant's Motion for Continuance.  Pursuant to a discussion
on the record, Complainant agreed that if the Court dismissed
Case 95-ERA-48 he would not refile the complaint in the
Department of Labor.  The Court, therefore, finds that the
complaints contained in No. 95-ERA-48 should be dismissed and
plaintiff is hereby barred from refiling the complaint in the
Department of Labor.
     The Court also finds that Complainant's Motion for
Continuance should be  GRANTED.  The hearing in Case No. 93-ERA-2
shall commence on October 19, 1995 instead of October 18. 1995. 
Further, the hearing will be bifurcated as to liability and
damages.
     It is accordingly RECOMMENDED that Complainant's Notice for
Voluntary Dismissal of Case No. 95-ERA-48 Without Prejudice is
GRANTED.  Complainant has agreed on the record that he will not
refile the complaint in the Department of Labor and the Court 
finds that he is barred from doing so.
     It is further ORDERED that Complainant's Motion for
Continuance is GRANTED.  The hearing in Case No. 93-ERA-2 shall
commence on October 19,1995 and continue until October 27, 1995. 
It is ordered that the hearing will be bifurcated as to liability
and damages.

SIGNED on this 20 day of October, 1995.

Michael Lesniak
Administrative Law Judge

Stipulated to:  Randy Leavitt, attorney for Houston Lighting &    

[PAGE 2]
                                Power
                Stephen M. Kohr, attorney for Ron Thompson

NOTICE:   This Recommended Order and the administrative file in
the matter will be forwarded for review by the Secretary of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, D.C. 20210.  The Office of
Administrative Appeals has the responsibility to advise and
assist the Secretary in the preparation and issuance of final
decisions in employee protection cases adjudicated under the
regulations of 29 C.F.R. Parts 24 and 1978.  See 55 Fed.
Reg. 13250 (1990)