DATE:  June 20, 1994
CASE NOS. 93-ERA-34
          93-ERA-36 


IN THE MATTER OF

KURT R. ZINN,

          COMPLAINANT,

     v.

UNIVERSITY OF MISSOURI,

          RESPONDENT,

     and

STEVEN J. MORRIS,

          COMPLAINANT,

     v.

UNIVERSITY OF MISSOURI,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                             PRELIMINARY ORDER

     Before me for review is the Recommended Decision and Order
(R.D. and O.) of the Administrative Law Judge (ALJ) in these
consolidated cases arising under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1992).  The ALJ found that
Respondent's 
[PAGE 2]
failure to consider Complainant Zinn for promotion was
retaliatory and that Complainant Morris' demotion also was in
violation of the ERA.  Accordingly, the ALJ recommended ordering
that the procedures for establishing a promotion committee for
Complainant Zinn should be initiated within 10 days of the
Secretary's final order, and that Complainant Morris should be
reinstated to his former positions within 10 days of the
Secretary's final order.  A briefing schedule was issued on June
6, 1994, providing the parties an opportunity to file briefs in
support of or in opposition to the ALJ's R.D. and O.
     The ERA was amended in 1992 to, among other things, require
the Secretary to order interim relief as soon as an ALJ issues a
recommended decision finding that the complaint has merit. 
Comprehensive National Energy Policy Act § 2902, Pub. L. No.
102-486, 106 Stat. 2776 (Oct. 24, 1992).   Because the complaint
in each of these cases was filed after the effective date of the
ERA amendments, October 24, 1992, the amendments are applicable
in these consolidated cases.  Pursuant to 42 U.S.C. §
5851(b)(2)(A), therefore, I must at this time issue "a
preliminary order providing the relief prescribed. . . but may
not order compensatory damages pending a final order."
     Accordingly, I reject the ALJ's recommended order of
remedies to the extent that he delayed implementation until up to10 days after the Secretary's final order, and Respondent is
ordered to comply with the remedies as described in the ALJ's
R.D. and O. without further delay.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.