DATE:  September 13, 1994
CASE NO. 90-ERA-56


IN THE MATTER OF

URSULA KOSCIUK,

          COMPLAINANT,

     v.

CONSUMERS POWER COMPANY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                        ORDER APPROVING SETTLEMENT 
                            AND DISMISSING CASE

     Before me for review is the Recommended Order of Dismissal
issued August 30, 1994, by the Administrative Law Judge (ALJ) in
the captioned case, which arises under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C. § 5851 (1988).
     The parties in this case have submitted a Release and
Settlement Agreement dated August 22, 1994, and the ALJ
has recommended that their agreement be approved.  I note that
the settlement covers matters other than claims arising under the
ERA.  For the reasons set forth in Poulos v. Ambassador Fuel
Oil Co., Case No. 86-CAA-1, Sec. Ord., Nov. 2, 1987, slip op.
at 2, I have limited my review of the parties' settlement to
determining whether it constitutes a fair, adequate and
reasonable settlement of Complainant's allegations that
Respondent violated the ERA.  The Release and Settlement
Agreement has been reviewed, I find that it constitutes a fair,
adequate and reasonable settlement of Complainant's claim under
the above statute, Macktal v. Secretary of Labor, 923 F.2d
1150, 1153-1154 (5th Cir. 1991);  Thompson v. U.S. Department
of Labor, 885 F.2d 551, 556 (9th Cir. 1989), and I approve
it.

[PAGE 2]
     Accordingly, the complaint in this case is dismissed with
prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.