DATE:  June 3, 1994
CASE NO. 88-SWD-2


IN THE MATTER OF

CATE JENKINS,

          COMPLAINANT,

     v.

U.S. ENVIRONMENTAL PROTECTION AGENCY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                       DECISION AND ORDER OF REMAND

     Complainant Cate Jenkins brings the captioned complaint of
unlawful discrimination against her employer, the U.S.
Environmental Protection Agency (EPA), under the employee
protection (whistleblower) provision of the Solid Waste Disposal
Act (SWDA), 42 U.S.C. § 6971 (1988).  The case proceeded
before a Department of Labor Administrative Law Judge (ALJ) on
EPA's motion for summary decision, and on August 11, 1989, the
ALJ recommended that the case be dismissed, finding that the
Civil Service Reform Act (CSRA) effectively had repealed the SWDA
whistleblower provision as it applies to Federal Government
employees.  See 5 U.S.C. § 2302(b)(8) (Supp. V 1993). 
This reasoning subsequently was rejected.  Jenkins v. U.S.
Environmental Protection Agency, Case No. 92-CAA-6, Sec.
Dec., May 18, 1994, slip op. at 8-9; Marcus v. U.S.
Environmental Protection Agency, Case No. 92-TSC-5, Sec.
Dec., Feb. 7, 1994, slip op. at 5; Conley v. McClellan Air
Force Base, Case No. 84-WPC-1, Sec. Dec., Sept. 7, 1993, slip
op at 9-17; Pogue v. U.S. Department of the Navy Mare Island
Shipyard, Case No. 87-ERA-21, Sec. Dec., May 10, 1990, slip
op. at 13-16, rev'd on other grounds, 940 F.2d 1287 (9th
Cir. 1990).  For the reasons set forth in those decisions, I
reject the ALJ's recommendation of 
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dismissal.
     Accordingly, this case IS REMANDED to the ALJ for a hearing.
     SO ORDERED.




                             ROBERT B. REICH
                             Secretary of Labor

Washington, D.C.