Date Issued: AUG 3 1989
Case No.: 88-SWD-3

In the Matter of

Chilton Williams, Claimant

v.

Remained Seiker,
Thomas McLellan, and
TIW Frabrication & Machining,
Inc., Employer

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   On June 8, 1989, a recommended order was entered in this case recommending that the Secretary, U. S. Department of Labor, find that the discharge of the Plaintiff was in violation of the Solid Waste Disposal Act, 42 U.S.C. 6971 et seq., and the regulations governing the administration of that Act. Further, it was recommended that the Secretary grant appropriate relief. At this time, there is no indication that the Secretary has accepted the recommendation, or has otherwise disposed of the case.

   On June 28, 1989, the attorney for the plaintiff filed a motion for attorney fees. Though there has been ample time, the Respondent has not responded.

   Procedures for the handling of discrimination complaints provide:

If such final order is issued, the Secretary, at the request of the complainant, shall assess against the respondent a sum equal to the aggregate amount of all costs and expenses (including attorney and expert witness fees)

reasonably incurred by the complainant, as determined by the Secretary, for, or in connection with, the bringing of the complaint upon which the final order was issued.

29 CFR 24.6(b)(3).

   The quoted portion of the regulations is taken to mean that a motion for attorney fees can be considered only after the Secretary enters a final order on the recommended order. In that case, the motion for attorney fees filed by the Attorney for the Plaintiff is premature.

   This memorandum together with the motion for attorney fees is being forwarded to the file in the Office of the Secretary. Consideration of attorney fees is deferred.

       GEORGE A. FATH
       Administrative Law Judge