DATE: 11-1-95
CASE NO: 90-ERA-0059

IN THE MATTER OF

Mara McDonald,
     Complainant,

v.

University of Missouri,
     Respondent,

          RECOMMENDED DECISION ACCEPTING SETTLEMENT AGREEMENT

    The Secretary of Labor found the Complainant's dismissal by
the Respondent to be a violation of the Energy Reorganization Act
and remanded this matter for further consideration regarding the
remedy for the violation.  Thereafter, the parties entered into a
settlement agreement and a joint request for dismissal of this
matter.

     The settlement agreement calls for a lump sum payment of
$186,823.12. Of that amount, $145,000 represents settlement of an
action filed by the Complainant against the Respondent in the
United States District Court for the Western District of
Missouri, $5,000.00 represents settlement of all other claims,
within which this claim is included in the phrase "federal or
state 'whistleblower' or anti-retaliation statutes." Thus, there
is no way of determining how much of the settlement is for the
settlement of the complaint filed by the Claimant in this matter,
although it must be less than $5,000.00.

     In view of the fact that the Complainant is represented by
competent counsel and this represents an overall settlement of
all matters in dispute between the Complainant and the
Respondent, and the fact that the parties have jointly requested
withdrawal of my Decision and Order, and the Complainant has
requested dismissal and/or withdrawal of her complaint, I
recommend that the Secretary approve the actions requested by the
parties in this matter even though it appears from the face'of
the documents submitted that the matters in dispute between the
parties involving recompense for violations of the Energy
Reorganization Act which, when factored into the terms of the
overall settlement, amount to less than $5,000.00.


[PAGE 2]

                                             ORDER

     I recommend that the Secretary of Labor accept the terms of
the settlement to which the parties have agreed, but only to the
extent that they apply to the subject matter of this case.

Charles P. Rippey,
Administrative Law Judge