Date:  November 29, 1995

In the Matter of:

ROBERT NIMETZ,
     Complainant

v.

CDI POWER SYSTEMS GROUP, INC.

     and

TENNESSEE VALLEY AUTHORITY
     Respondents.

Case Nos. 94-ERA-43
          94-ERA-44


RECOMMENDED ORDER APPROVING SETTLEMENT AND DISMISSING
COMPLAINT

     This proceeding arises under the employee protection
provisions of the Energy Reorganization Act, 42 U.S.C. §5851
(ERA).  The parties have entered into a settlement agreement,
attached hereto and incorporated by reference herein.  I have
reviewed the proposed settlement, and, with the limitation noted
below, I find that it is fair, adequate, and reasonable and
recommend its approval.

     At paragraph 5 of the settlement, the parties have included
a release from claims arising under authorities other than the
ERA.  The Department of Labor's jurisdiction here extends only to
Mr. Nimetz's ERA claim and to remedies for violations of the ERA. 
Review is therefore confined to a determination of whether the
terms of the agreement within the scope of the Secretary's
authority are fair, adequate, and reasonable.  To the extent that
such other provisions regarding release of liability constitute a
private agreement among the parties, they would have to be
enforced contractually under state law in the appropriate court,
rather than by the Department of Labor. See Brodeur v.
Westinghouse Hanford Co,, 92-SWD-3 (Sec'y Oct. 16,
1992); Poulos v.Ambassador Fuel Oil Co., Inc., 86-CAA-1
(Sec'y Nov. 2, 1987).


                          RECOMMENDED ORDER
                                    
                              
[PAGE 2]

     The settlement in this case is hereby approved, with the
exception noted above, and the case is dismissed with prejudice.


EDITH BARNETT
Administrative Law judge


NOTICE:   This Recommended Decision and Order and the admin-
istrative 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, Frances 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. See 55 Fed.  Reg. 13250 (1990).