DATE:  January 10, 1994  
CASE NO.:  86-ERA-26                         

IN THE MATTER OF            
                             
MARVIN VAN BECK,                   
          COMPLAINANT,      
  
     V.                                 

DANIEL CONSTRUCTION COMPANY    
          RESPONDENT.



            RECOMMENDED ORDER OF DISMISSAL

     Before the undersigned for consideration is an Order of Remand
of the Secretary of Labor in the above-captioned case arising under
the employee protection provision of the Energy Reorganization Act
of 1974, Section 210(a), as amended, 42 U.S.C. §5851(a)
(1982).  The parties have submitted an executed settlement
agreement fully disposing of this proceeding.  The settlement
agreement appears appropriate.  Accordingly,

     IT IS RECOMMENDED that the complaint be dismissed with
prejudice and the settlement agreement contained therein be adopted
and approved by the Secretary of Labor.







                                   THEODOR P. VON BRAND
                                   Administrative Law Judge

TPVB/jbm

[PAGE 2]









                             SERVICE SHEET

CASE NAME:          MARVIN VAN BECK V. DANIEL CONSTRUCTION
COMPANY

CASE NO.:           86-ERA-26          

TITLE OF DOCUMENT:  RECOMMENDED ORDER OF
DISMISSAL

I hereby certify that on January 10, 1994, a copy of the foregoing
document was sent to the parties and their representatives at their
last known addresses listed below.



                                                               
 
                                        Joan B. Mars
                                        Legal Technician


REGULAR MAIL

Michael G. Okun, Esq.
SMITH, PATTERSON, FOLLIN,
  CURTIS, JAMES & HARKAVY     
P.O. Box 27927
Raleigh, NC  27611

Melvin Hutson, Esq.
THOMPSON & HUTSON
Suite 1000
Greenville, SC  29601

Marvin Van Beck
1422 Pineview Drive
Garner, NC  27529

Daniel Construction Company
Daniel Building
301 North Main Street
Greenville, SC  29602

[PAGE 3]

Monica Gallagher
Associate Solicitor
U.S. Department of Labor
Room N-2716
200 Constitution Avenue, N.W.
Washington, DC  20210

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






REGULAR MAIL

Donald A. Allman
Area Director
Wage and Hour Division/ESA
U.S. Department of Labor
2302 W. Meadowview Road
Suite 112
Greensboro, NC  27407=8090

Stephania Daliani, Esq.
STEPTOE & JOHNSON     
Attorneys at Law
1330 Connecticut Avenue, N.W.
Washington, DC  20036

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

CERTIFIED MAIL

Director
Office of Administrative
Appeals
U.S. Department of Labor
Room S-4309
200 Constitution Avenue, N.W.
Washington, DC  20210