DATE: AUG 4 1995

CASE NO.: 95-CAA-13


In the Matter of


KEVIN GAINER,
     Complainant,


v.

AMERICAN ELECTRIC POWER,
     Respondent.


Appearances:

Kevin K. Gainer,
     Pro Se


Christopher C. Russell, Esquire
     For the Respondent


BEFORE:   GERALD M. TIERNEY,
          Administrative Law Judge


                  RECOMMENDED ORDER OF DISMISSAL

     The above-captioned case is scheduled for hearing on August
15, 1995 in Columbus, Ohio.  However, on August 2, 1995 the
parties filed a "Joint Application for Approval of Settlement
Agreement and Dismissal with Prejudice" which included one
exhibit.  Exhibit 1 to the Joint Motion, attached herewith, is a
copy of the Settlement Agreement reached between Kevin K. Gainer
and the Respondents.

     Under the circumstances, considering the total settlement
herein, I recommend to the Secretary of Labor that this case be
dismissed with prejudice.  I believe that the terms of the total 
[PAGE 2]
agreement are fair, adequate and a reasonable settlement of
Complainant's allegations against the Respondents.  I also
recommend the terms of the settlement agreement be maintained
confidential and that they not be disclosed to anyone except as
set out by said settlement agreement or where required by law.

     Wherefore, the above considered, it is recommended that the
Secretary dismiss with prejudice Mr. Gainer's complaint against
American Electric Power and hold the terms of the settlement
agreement confidential.


Attachments


GERALD M. TIERNEY
Administrative Law Judge