DATE: May 24, 1994

CASE NO.: 89-ERA-9 & 10

IN THE MATTER OF

JOHN M. FUCHKO,

   and

GARY A. YUNKER,
   Complainants,

   v.

GEORGIA POWER COMPANY,
   Respondent.

   By joint motion dated May 6, 1994, the parties have requested the Secretary, United States Department of Labor to clarify his February 22, 1994 order.¹ Moreover, the parties enclosed their settlement agreement which they ask the Secretary of Labor rather than the Presiding Judge to review and approve.

   The Presiding Judge does not have jurisdiction to rule on the joint motion. It must be ruled on by the Secretary of Labor notwithstanding the fact that it was inappropriately filed with the Chief Administrative Law Judge.

    Accordingly, IT IS ORDERED that the record in the case is certified to the Office of Administrative Appeals, U. S. Department of Labor.

      DANIEL A. SARNO, JR.
      Administrative Law Judge

DAS/ccb

¹On that date, the Secretary of Labor remanded the case to the Presiding Judge. The parties filed their motion to clarify with the Chief Administrative Law Judge rather than with the Office of the Secretary of Labor.