DATE:  June 30, 1993
CASE NO. 93-ERA-20

IN THE MATTER OF

G. RICHARD HOWARD,

               COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

               RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     Before me for review is the Recommended Order of Dismissal
(R.O.) of the Administrative Law Judge (ALJ) in this case arising
under the Energy Reorganization Act of 1982, as amended, 42
U.S.C. § 5851 (1988).  The ALJ recommended dismissal of this
case with prejudice.
     On January 25, 1993, the ALJ issued an Order to Show Cause
why this case should not be dismissed on the ground that there is
no right of appeal to the Office of Administrative Law Judges of
a final order rendered by the Secretary of Labor pursuant to 29
C.F.R. § 24.6.  Respondent filed a response to the show
cause order stating that dismissal of this purported appeal is
appropriate on two grounds:  lack of jurisdiction and res
judicata.
     I adopt and append the ALJ's R.O. in this case, as his
decision is in accordance with the applicable statute and
regulations.  Complainant incorrectly sought to appeal a final
decision of the Secretary to the Office of Administrative Law
Judges.
     Accordingly, the case is dismissed with prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.

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