Date:  November 28, 1995

Case No.:  95-ERA-4

In the Matter of:

EARL VANDORN KEENE  
               Complainant    
         vs.
                              
EBASCO CONSTRUCTORS, INC.,
a/k/a RAYTHEON CONSTRUCTORS,
k/n/a RAYTHEON ENGINEERS AND
CONSTRUCTORS, INC.   
               Respondent


                 RECOMMENDED SUPPLEMENTAL
                     DECISION AND ORDER

     A Recommended Decision and Order issued in this matter on
September 29, 1995.  The recommendation to the Secretary of Labor
was that Complainant should prevail on his complaint as it
pertained to his termination on March 24, 1994, and that a final
order should issue awarding him ,437.72.  As to the matter of
attorney's fees and expenses, the Decision noted that
Complainant's counsel had filed no petition for such expenses,
and that the record would remain open 10 days from that time in
order for an itemization of costs and attorney's fees to be
presented.  Employer was granted 10 days thereafter in which to
respond.

        Findings of Fact and Conclusions of Law

     Despite the terms of said Order, no petition for costs and
attorney's fees have ever been submitted by Complainant or
Complainant's counsel.  Subsequent to September 29, 1995, a
telephone call was received by this office from a person who
identified themselves as an office employee of Complainant's
counsel.  That person stated that because of prior commitments
and personal problems, the deadline could not be met for the
filing of a petition for costs and fees and an extension of time
was sought.  Nothing in writing was ever filed nor was a formal
order ever issued.

     It is now almost two months post-Recommended Decision and
Order and neither Complainant nor Complainant's counsel have
submitted any petition detailing the work performed, the time
spent on such work, the hourly rate for performance of the work
or an itemization of costs.  It would therefore appear the items
of attorneys fees and costs have been waived by Complainant and
his representative.

                   RECOMMENDED ORDER

     Based on the foregoing, it is hereby recommended that
Complainant and his counsel be deemed to have waived any relief
for the recovery of costs and attorney's fees involved in this
matter due to their failure to file any evidence in support
thereof.

     SO ORDERED this 30th day of November, 1995, at Metairie,
Louisiana.

                              C. RICHARD AVERY
                              Administrative Law Judge


CRA:kw