DATE:     DECEMBER 7, 1993

CASE NO:  87-ERA-0035


In The Matter of

JAMES CARROLL PILLOW, JR., 
     Complainant

     v.

BECHTEL CONSTRUCTION, INC.,
     Respondent


Appearances:

MICHAEL R. SEWARD, ESQ.
Coconut Grove, Florida
     For the Complainant

WILLIAM F. HAMILTON, ESQ.
Holland & Knight
Miami, Florida
     For the Respondent


Before:  E. EARL THOMAS
         District Chief Judge


             RECOMMENDED DECISION AND ORDER ON DAMAGES

     The case before me on remand from the Secretary of Labor
arises under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA or the Act),
42 U.S.C. §5851 (1988).  In his Decision and Order of
Remand, the Secretary directed a hearing on the issue of damages,
which in this case are limited to back pay, compensatory damages,
costs and attorney fees.  D&O at 25-28.

     A hearing was scheduled for November 9, 1993.  Prior
thereto, the parties exchanged information and engaged in 
[PAGE 2]
mediation in an effort to agree on the amount of damages and
attorney fees.  Numerous pleadings were filed, and on the eve of
the hearing, the parties announced that they had reached
agreement on all outstanding issues.  At the hearing, each side
presented its position and an explanation as to why the
settlement was fair and reasonable.  The parties did not submit a
separate settlement document, but instead rely upon statements
made on the record to encompass the entire agreement.  The
parties condition their agreement upon its full acceptance by the
Secretary.  If any part is rejected, they request that the case
be remanded for full evidentiary hearing on all issues of damages
and attorney fees.  The parties have stipulated that the
agreement is limited to the issues on remand and will not
prejudice their right to appeal any other issues.

     The agreement provides for Respondent to pay the sum of
$25,000 in back pay and interest to the Complainant, plus $25,000
in compensatory damages.  Respondent agrees to pay Complainant's
attorney fees and costs in the amount of $250,000.  The
undersigned' review of this agreement is limited to a
determination of whether its terms are fair, adequate and
reasonable.  Fuchko and Yanker v. Georgia Power Co., 89
ERA 9 and 10 (Sec'y, Mar. 23, 1989).  The basic criteria is
whether or not the settlement adequately protects and compensates
the whistleblower.  Virginia Electric and Power Co., 19
FERC §61,333 (Federal Energy Regulatory Commission, 1982). 
Also, the agreement must not be contrary to the public interest. 
Heffley v. NGK Metals Corp., 89 SDW 2 (Sec'y, Mar. 6,
1990).

     While I recognize that there is a considerable disparity
between Complainant's personal recovery and his attorney's fee, I
cannot say that the latter is excessive, considering the amount
of time his attorney represents to have spent in the various
phases of this litigation.  In this regard, I rely in large
measure upon Respondent's acceptance of the negotiated amount. 
Moreover, I know of no stated policy or case law which would
limit the amount of attorney fees to a percentage of an award for
damages in a settlement situation.

     Considering what Complainant would have earned plus overtime
and interest, the amount agreed upon for back pay appears
reasonable.  When the compensatory damages for pain and
suffering, mental anguish, embarrassment and humiliation are
considered, the total compensation amount ($50,000) appears
generous.

     After consideration of the settlement agreement and the 
[PAGE 3]
representations of the parties, I find the agreement to be fair,
adequate and reasonable, and I recommend its acceptance and
incorporation in the Secretary's final decision and order.





                                   __________________________
                                   E. Earl Thomas
                                   District Chief Judge

EET/pc
Ft. Lauderdale, FL                               SERVICE SHEET

Case Name:  James Carroll Pillow, Jr.  

Case No.:  87-ERA-0035

Title of Document:  RECOMMENDED DECISION AND ORDER ON DAMAGES

A copy of the above-entitled document was sent to the following:

Acting Administrator
Employment Standards
 Administration
Wage and Hour Division
U.S. Department of Labor
Room S-3502, FPB
200 Constitution Avenue, N.W.
Washington, DC 20210

District Director
U.S. Department of Labor, ESA
Wage and Hour Division 
1150 S.W. First Street
Miami, FL 33130

Cornelius Donoghue
Deputy Associate Solicitor
Division of Fair Labor
 Standards
Office of the Solicitor
U.S. Department of Labor
Room N-2716
200 Constitution Avenue, N.W.
Washington, DC 20210

[PAGE 4]

Office of Enforcement 
 & Compliance Monitoring
Environmental Protection
Agency
401 M Street, S.W.
Washington, DC 20460

Director
Enforcement and Investigation
Coordination Staff, Region II
U.S. Nuclear Regulatory
Commission
101 Marietta Street, N.W.
Suite 2900
Atlanta, GA 30323


Director
Office of Enforcement
U.S. Nuclear Regulatory
 Commission
Washington, DC 20555

Deputy Assistant General
 Counsel for Enforcement
Office of the General Counsel
U.S. Nuclear Regulatory
 Commission
Washington, DC 20555

Regional Administrator
U.S. Nuclear Regulatory
 Commission
101 Marietta Street, N.W.
Suite 3100
Atlanta, GA 30303

William H. Berger
Deputy Regional Solicitor
U.S. Department of Labor
Room 339
1371 Peachtree Street, NE
Atlanta, GA 30367

Donald McCoy, Esq.
Associate Regional Solicitor
U.S. Department of Labor
Federal Building, Room 408
299 East Broward Boulevard
Fort Lauderdale, FL 33301

James C. Pillow, Jr.
P.O. Box 741
Marianna, FL 32447SERVICE SHEET CONTINUED (87-ERA-0035)


Michael R. Seward, Esq.
2621 Natoma Street
Coconut Grove, FL 33133

W.G. Bell, Vice President
Labor Relations & Safety
Bechtel Construction, Inc.
P.O. Box 3965
San Francisco, CA 94119
William F. Hamilton, Esq.
Holland & Knight
701 Brickell Avenue
Suite 3000
P.O. Box 015441
Miami, FL 33101



________________________
Paula C. Cuba
Legal
Technician