DATE:     April 4, 1995
CASE NO.: 95-ERA-00021

In the Matter of

MURRELL ENGLAND
     
          Complainant

     v.

RAYTHEON (EBASCO CONTRACTORS, INC.)

          Respondent


Appearances:

     Murrell England, Pro Se

     Jeffrey H. May, Esquire
          for Respondent

BEFORE:  ROBERT D. KAPLAN
         Administrative Law Judge


          
                     RECOMMENDED DECISION AND ORDER
             APPROVING SETTLEMENT AND DISMISSING COMPLAINT

     This case arises under Section 210 of the Energy
Reorganization Act of 1974, as amended, 42 U.S.C. §
5851 ("the Act").  The Act protects employees who
assist or participate in actions to carry out the purposes of the
federal statutes regulating the nuclear energy industry.  

     On October 26, 1994 Complainant, Murrell England, filed a
complaint with the Administrator, Employment Standards
Administration, Wage and Hour Division (the Administrator) which
alleged that Respondent had failed to hire him at its Watts Bar
Nuclear Power Plant because of his past protected activities under
the Act.  On January 20, 1995 the Administrator issued a 
[PAGE 2]
determination letter finding that no violation of the Act had
occurred.  On January 24, 1995 Complainant appealed the
Administrator's determination to the Office of Administrative Law
Judges.  A formal hearing was held before me on February 28, 1995
in Chattanooga, Tennessee.  At the commencement of the formal
hearing the parties stated that they had agreed to settle the case.


     The terms of the settlement are memorialized in a "Memorandum
of Settlement" executed by the parties.  By mutual agreement the
terms of the settlement are to remain confidential.  After
questioning Complainant on the record regarding the gravamen of his
Complaint and reviewing the terms of the settlement, I find that
Complainant understands the terms of the settlement and that the
terms of the settlement are fair, adequate, and reasonable. 
Therefore, I recommend that the Secretary approve the settlement
and dismiss the Complaint.


                         RECOMMENDED ORDER
     
     It is hereby ORDERED that:

     1.   The settlement reached between the parties In the Matter
          of Murrell England, Complainant v. Raytheon (Ebasco
          Contractors, Inc.), Respondent (95-ERA-00021) is
          APPROVED.

     2.   The Complaint of Murrell England In the Matter of Murrell
          England, Complainant v. Raytheon (Ebasco Contractors,
          Inc.), Respondent (95-ERA-00021) is DISMISSED.




                                                            
                                   ROBERT D. KAPLAN
                                   Administrative Law Judge

  
Camden, New Jersey

NOTICE: This Recommended Decision and 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, Frances Perkins Building,
200 Constitution Ave., NW, Washington, DC  20210.  The Office of
Administrative Appeals has the responsibility to advise and assist
the Secretary 
[PAGE 3]
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).