UNITED STATES OF AMERICA
                               BEFORE THE
                           DEPARTMENT OF LABOR
                   OFFICE OF ADMINISTRATIVE LAW JUDGES


Adam McNiece.
     Complainant.


     v.

Northeast Nuclear Energy Company.          Case No. 95-ERA-18
     Respondent.                                    95-ERA-47 

     and

Bartlett Nuclear.  Inc.
     Respondent.


                  RECOMMENDED DECISION AND ORDER

        On December 12, 1995.  Judge Joel R. Williams issued a
Recommended Decision and Order ("RD&O") in the the above
referenced cases finding that Respondents had violated
Section 211 of the Energy Reorganization Act of 1974. ("ERA"), 42
U.S.C. 5851 (Supp.  IV 1992), as amended, in their treatment of
Complainant, Mr. Adam McNiece, in two respects.  First.  Judge
Williams found that Respondents had prematurely laid off Mr.
McNiece on December 9, 1994 and that he otherwise would have
"been retained in their employ from December 10, 1994 to December
23, 1994." RD&O at 19.  Second.  Judge Williams found that Mr.
McNiece should have been hired for the Millstone Unit 3 outage
which commenced in April 1995.  Judge Williams concluded.
therefore, that Complainant was entitled to the following
damages: (1) "wages to which he would have been entitled if he
had been retained in [Respondents] employ from December 10, 1994
to December 23, 1994" and (2) "earnings that [Mr.  McNiece] would
have earned as a SHP [Senior Health Physics Technician] during
the Spring 1995 unit 3 outage based on the period when the
majority of SHPs had reported to work for this outage and ending
when the majority had been terminated." RD&O at 19.  In addition,
Judge Williams recommended that Respondents be ordered to pay 
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"for the Complainant's expenses in prosecuting his DOL
complaints. including reasonable attorney fees." RD&O at 19.

     Because of time constraints related to his impending
retirement, Judge Williams made no specific recommendations in
the RD&O regarding the actual dollar amount of back wages. costs.
and attorney's fees.  Instead Judge Williams stated that his
order sets forth "the nature of the remedied [sic] which I
believe should be awarded and leaves open the dollar amount for
any further proceeding which may be necessary subsequent to the
Secretary's review."  RD&O at 19.  For this reason. on February
21, 1996, the Secretary of Labor issued a Preliminary Order and
Order of Remand to the Acting Chief Administrative Law Judge
remanding this case for the limited purpose of having a
supplemental recommended decision and order issued "regarding
back pay, benefits and costs. including attorney fees."
Secretary's Order at 2. This case was subsequently assigned to me
to hold such further proceedings as might be necessary and to
issue a recommended decision and order addressing the limited
issues set forth in the Secretary of Labor's remand order.

     A hearing in this case was scheduled for May 14, 1996.  On
May 9, 1996, the parties sought a continuance of the hearing
because they believed that the matter would be settled.  I
granted the request for a continuance and ordered that
the hearing be continued until July 9, 1996.  Because the parties
were unable to reach a settlement, on June 6, 1996, I held a
telephonic pre-hearing conference to discuss with the parties the
course of further proceedings.  During the conference, the
parties informed me that they had reached a Joint Stipulation
with regard to the back pay, costs and attorney's fees to which
Mr. McNiece is entitled assuming that the Secretary of Labor
adopts Judge Williams' Recommended Decision and Order.  In
agreeing to the amounts set forth in the Joint stipulation, the
parties reserve their right to challenge the underlying decision
of Judge Williams before the Secretary of Labor and before the
courts.

     I have carefully reviewed the Joint Stipulation and conclude
that it provides Mr. McNiece with the full amount of back pay.
costs and expenses to which he is entitled and therefore I
recommend entry of the following Order.

     1.   Respondents shall jointly pay the Complainant the
amount of $22.580.60 as back pay for the periods December 10,
1994 through December 23, 1994 and for the entire period of time
of the Millstone Unit 3 outage which commenced in April 1995.

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     2. Respondents shall jointly pay the Complainant the
attorney's fees he incurred in tile amount of $8,370.00 and the
costs he incurred in the amount of $2,610.35. These attorrney's
fees and costs do not include any costs or attorney's fees which
might be incurred after the date of this Recommended Decision and
Order.


                                   Michael P. Lesniak
JUN 27 1996                        Administrative Law Judge