Date:  September 6, 1995

Case Nos.:  93-ERA-7
            93-ERA-8

In the Matter of

JAMES J. DEAN,
DAVID R. LAMB,
     Complainants,

      v.

HOUSTON LIGHTING AND POWER COMPANY,
     Respondent
              

S. Tanner Garth, Esquire
     For the Complainants

Roy O. Minton, Esquire
Ross E. Cockburn, Esquire
     For the Respondent

BEFORE:  EDWARD TERHUNE MILLER
         Administrative Law Judge


              SUPPLEMENTAL RECOMMENDED DECISION AND ORDER
           RELATING TO COMPENSATORY DAMAGES AND ATTORNEY'S FEES,
          AND RULE ON COMPLAINANTS' SUGGESTED ADDITIONAL FINDINGS
                      OF FACT AND CONCLUSIONS OF LAW
 
                   SUPPLEMENTAL RECOMMENDED DECISION

     In its Recommended Decision and Order issued on April 6, 1995,
this tribunal noted the absence of specific proof and adequate
briefing as to either entitlement or quantum related to claims for
compensatory damages.   It noted further that the law allows the
award of compensatory damages in appropriate cases, but that
whether such an award would be appropriate in this case was
unresolved on the existing record.  Consequently, this tribunal
authorized the parties to file with the undersigned, within sixty
(60) days of issuance of the Recommended Decision and Order, an 
[PAGE 2]
appropriate petition for supplemental relief, together with
supporting points and authorities, or to negotiate and agree to a
settlement of such claims to be submitted for approval and
incorporation in a supplemental recommended decision and order.  

     Jurisdiction was implicitly retained to consider these issues
and to issue an appropriate supplemental recommended decision and
order in respect thereto.  The Secretary of Labor ("the Secretary")
has issued a stay of the briefing schedule of the case before the
Secretary until a supplemental decision on damages is issued.  The
initial Recommended Decision and Order of April 6, 1995, found
entitlement and awarded reinstatement to Lamb, and back pay with
interest and employment benefits and entitlement to each of the
Complainants in amounts to be determined.

     This tribunal also found that Complainants are entitled to
reasonable legal fees in an amount to be negotiated and agreed upon
among the parties, or as approved upon submission for approval with
appropriate supporting documentation within sixty (60) days of
issuance of the Recommended Decision and Order.

     On June 5, 1995, Complainants filed Complainants' Brief in
Support of Compensatory Damages, a Supplemental Brief in Support of
Attorney's Fees, and Complainants' Suggested Additional Findings of
Fact and Conclusions of Law.  On June 30, 1995, Respondents filed
their Response to Complainants' Suggested Additional Findings of
Fact and Conclusions of Law, and a Joint Stipulation Regarding
Damages and Attorney's Fees and Expenses (hereinafter, "the
Stipulation").

Compensatory Damages

     The Stipulation provides in regard to compensatory damages, 

     that in the event the Secretary of Labor determines that
     Respondent discriminated against Complainants, the amount
     of back pay Respondent is liable to Complainant Lamb,
     including prejudgment interest, is $144,283.00.  Post-
     judgment interest on Complainant Lamb's back pay wages
     accrues at the rate of $21.06 per day from May 25, 1995. 
     The amount of back pay Respondent is liable to
     Complainant Dean, including prejudgment interest, is
     $53,713.00.  Post-judgment interest on Complainant Dean's
     back pay wages accrues at the rate of $7.54 per day from
     May 25, 1995.  Respondent is not liable to Complainants
     for any other compensatory damages in this action before
     the Secretary of Labor.

[PAGE 3]

     The Stipulation provides in regard to attorneys' fees and
expenses,

     that in the event the Court's Recommendation is approved
     and adopted by the Secretary of Labor and the decision
     becomes final, Respondent is liable to Complainants [for]
     a total sum of $270,827.00 in attorney's fees and
     expenses through the trial of this cause. The reasonable
     amount for Complainants' additional attorney's fees and
     expenses on appeal will total $20,000.00 to respond to
     Respondent's briefs before the Secretary of Labor;
     $20,000.00 in the event the Secretary of Labor affirms
     and adopts the Court's Recommended Decision and Order and
     Respondent appeals to the United States Court of Appeals
     for the Fifth Circuit; and $10,000.00 in the event
     Respondent appeals this cause to the United States
     Supreme Court. 

The Stipulation also provides that Respondent is not liable to
Complainants for any damages or attorney's fees and expenses unless
the Secretary ultimately finds that Respondent discriminated
against Complainants Lamb and Dean in violation of the Energy
Reorganization Act and the Secretary's decision becomes final.  The
parties requested approval of these agreements regarding damages
and attorney's fees negotiated by the parties for recommendation to
the Secretary.

     This tribunal has reviewed the Stipulation in light of the
proceedings and submissions, and approves the specified provisions
thereof as reasonable.  Those operative provisions of the
Stipulation are hereby adopted and incorporated by reference in
this Supplemental Recommended Decision.

Claimants' Suggested Additional Findings of Fact and Conclusions
of Law

     This tribunal reserved limited jurisdiction to resolve those
certain issues as to which the record was insufficiently developed
when its Recommended Decision and Order was issued on April 6,
1995.  As to all other aspects of the case, jurisdiction was
transferred to the Secretary.  Therefor, this tribunal is without
jurisdiction, even if it were so disposed, to modify its findings
of fact and conclusions of law which have been recommended to the
Secretary. Cf. Dutile v. Tighe Trucking, Inc., 93-
STA-31 (Sec'y Mar. 16, 1995); Tankersley v. Triple Crown
Services, Inc., 92-STA-8 (Slip. op. at 2, fn. 1) The
Complainants' request in this regard 
[PAGE 4]
must therefore be denied.


                      SUPPLEMENTAL RECOMMENDED ORDER

     In accordance with the agreed Stipulation of the partes, and
provided that the Secretary ultimately determines that Respondent
discriminated against the Complainants Dean and Lamb and provided
that determination becomes final,

     1.  Respondent shall pay to Complainant Lamb compensatory
damages in relation to his back pay, including prejudgment
interest, the amount of $144,283.00, plus accrued post-judgment
interest on such amount at the rate of $21.06 per day from May 25,
1995.

     2.  Respondent shall pay to Complainant Dean compensatory
damages in relation to his back pay, including prejudgment
interest, the amount of $53,713.00, plus accrued post-judgment
interest on such amount at the rate of $7.54 per day from May 25,
1995.

     3.  Respondent shall pay to Complainants in respect of
attorneys' fees and expenses the amount of $270,827.00 through the
trial; plus $20,000.00 in respect of briefs submitted to the
Secretary; plus $20,000.00 if Respondent files an appeal to the
United States Court of Appeals for the Fifth Circuit; plus $10,000
if Respondent files an appeal to the United States Supreme Court.

     4.  Complainants' request for modification of the Findings of
Fact and Conclusions of Law transmitted to the Secretary in the
Recommended Decision and Order dated April 6, 1995, is denied.



                                   _______________________________
                                   EDWARD TERHUNE MILLER
                                   Administrative Law Judge