.    .    .    .    .    .    .
                              
In the Matter of                            Date Issued:    December 30, 1994
                              
CHARLES COLEY,                    Case No.  94-SWD-2
     Claimant,                
                              
v.                            
                              
JIM LINEBERGER GRADING        
AND PAVING,                   
     Employer.                
.    .    .    .    .    .    .

          RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT
                    AGREEMENT AND DISMISSING COMPLAINT


     The attached settlement agreement by the parties fairly,
reasonably and adequately disposes of the allegations raised in
the complaint.

     When the agreement was initially submitted to me, I was
concerned that paragraphs C(8) and D would unduly restrict the
complainant from cooperating with government authorities at
all levels concerning other violations of law.  Polizzi v.
Gibbs & Hill, Inc., 87-ERA-38 (Secretary's Order, July 18,
1989).

     Therefore, during a telephone conference, I expressed my
concern to the parties, who then agreed to modify the settlement
by adding the footnote which is found at the bottom of page
4. I believe that this footnote obviates any invidious meaning
that the language in the settlement agreement would otherwise
have.  The footnote, which is initialed by the parties,
specifically disclaims any intent to prevent a party from
reporting a violation of any law.  I interpret this to include a
disclaimer of any intent to prevent Claimant from testifying in
any proceeding involving such a violation.

[PAGE 2]






                                     2

     Consent settlements should be structured so as to keep the
channels of information open in order to facilitate enforcement
of applicable statutes.  Polizzi, supra.  I believe
that this consent agreement is now so structured.

     Therefore, IT IS RECOMMENDED that the proposed settlement
agreement be approved and that this proceeding be dismissed with
prejudice.




                              Fletcher E. Campbell, Jr.
                              Administrative Law Judge


FEC/lfrl
Newport News, Virginia