DATE:  Oct. 14, 1994

CASE NO.: 94-ERA-31

In the Matter of

DR. ZHONGTUO TAN
            Complainant

       v.

DEBORAH RESEARCH INSTITUTE
            Respondent

Before:  JOEL R. WILLIAMS
           Administrative Law Judge

ORDER RECOMMENDING APPROVAL OF SETTLEMENT AND
                DISMISSAL OF THE COMPLAINT WITH PREJUDICE

       This case arises under the employee protection provisions
of the Energy Reorganization Act of 1974, as amended, 42 U.S.C.
§5851.  On June 15, 1994, the District Director, U.S.
Department of Labor, Employment Standards Administration, Wage and
Hour Division, notified the Respondent that it appeared that
protected activity engaged in by the Complainant was a major
contributing factor in his separation from the firm and,
accordingly, the Respondent should provide restitution for lost
income, fringe benefits and certain housing costs.       

       The Respondents timely requested a hearing and, pursuant to
the agreement of counsel, such proceeding was scheduled for
September 7, 1994 in Philadelphia, Pennsylvania.  However, prior to
the scheduled hearing date, counsel advised that they had reached
a settlement agreement in this matter which was being reduced to
writing and would be submitted for approval by the Secretary of
Labor.  Consequently, the hearing was cancelled by Order dated
September 2, 1994.  The parties were informed in such order that
the terms of the settlement were subject to public disclosure under
the Freedom of Information Act.

       A duly executed settlement agreement has now been submitted.
It is appended hereto and is incorporated herein by reference.


[PAGE 2]
       Both parties to this proceeding have received independent
counsel.  Although the parties have agreed to certain
confidentiality regarding the agreement, they recognize the
Department of Labor is not restricted by such confidentiality
agreement.  Furthermore, the provision in the agreement that it
shall be interpreted and enforced under the laws of the
Commonwealth of Pennsylvania is interpreted as meaning that its
intent is not to limit the authority of the Secretary under any
federal statute or regulation.  See, Brown v. Holmes & Narver,
Inc., Case No. 90-ERA-26, Order of the Secretary Approving
Settlement and Dismissing Complaint, May 11, 1994.

       I find the agreement to be fair, adequate and reasonable, and
I believe it is in the public interest to adopt the agreement as a
basis for the administrative disposition of this case. 
Accordingly, I recommend that the settlement be approved and that
the case be dismissed with prejudice.



                                     ____________________________
                                     JOEL R. WILLIAMS
                                     Administrative Law Judge


NOTICE:  This recommended Order and the Administrative file in this
matter will be forwarded for review by the Secretary of Labor to
the Office of Administrative Appeals, U.S. Department of Labor,
Room S-4309, Francis Perkins Building, 200 Constitution Ave., 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 at 29 C.F.R. Parts 24 and
1978. See 55 Fed. Reg. 13250 (1990).