DATE:  November 28, 1995

CASE NO:  95-ERA-24

In the Matter of

  DONALD J. JACKSON,      
              Complainant

        v.

  SCIENCE APPLICATIONS INTERNATIONAL
  CORPORATION DIVISION 012, SAVANNAH RIVER
               Respondent

               RECOMMENDED ORDER OF DISMISSAL

     This case arises under §210 of the Energy
Reorganization Act of 1974 (hereinafter, the "Act"), 42 U.S.C.
§5851 as implemented by the regulations at 29 C.F.R. Part
24.  The Complainant, Donald J. Jackson, filed a complaint with
the U.S. Department of Labor (hereinafter, "DOL") on December 14,
1994, alleging that he was terminated by Respondent, Science
Applications International Corporation Division 012, Savannah
River in violation of the Act.  This matter was set for hearing
for January 23, 1996.  On November 27, 1995, a Motion to Dismiss
with an attached settlement agreement was received by this
office.  The document is appropriately signed by the parties and
purport to incorporate the understanding of the parties as to the
basis for settlement.  The parties have moved that I recommend
that this case be dismissed with prejudice.

     My review of the settlement agreement is limited to a
determination of whether its terms are a fair, adequate and
reasonable settlement of Donald J. Jackson's complaints
concerning violations of the Energy Reorganization Act.  The
basic criteria is whether or not the settlement adequately
protects the Whistleblower.  Virginia Electric and Power
Company, 19 FERC §61, 333 (Federal Energy Regulatory
Commission, 1982).  Also, the settlement must not be contrary to
the public interest.  Heffley v. 
[PAGE 2]
NGK Metals Corp., 89 SDW2 (Secretary, March 6, 1990).

     The parties in addition to mutual releases have agreed to
keep their agreement including the amount of consideration paid
thereunder, confidential and agree that, except as may be
required by order of court, subpoena, law or, in the case of
SAIC, except as may be required by contract, they will not,
directly or indirectly, disclose to any person or entity the
terms and/or conditions of said Settlement Agreement and/or any
understandings, agreements, provisions and/or information
contained therein.

     After consideration of the settlement agreement and the
representations of the parties, I find the agreement to be fair,
adequate and reasonable.  I believe it is in the public interest
to adopt the agreement as the basis for the administrative
disposition of this case.  Therefore, I recommend dismissal of
this proceeding with prejudice based upon authority conferred by
29 C.F.R. §18.39(b).



                                   _____________________________
                                   RICHARD D. MILLS
                                   Administrative Law Judge

Metairie, Louisiana

RDM/ea



NOTICE:  This Recommended Order and the administrative file in
this matter will be forwarded for review by the Secretary of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, 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
decision in employee protection cases adjudicated under the
regulations at 29 C.F.R. Part 24 and 1978.  See 55 Fed.
Reg. 13250 (1990).