DATE:   March 13, 1992
CASE NO. 86-ERA-4


IN THE MATTER OF

PAUL A. BLACKBURN,

               COMPLAINANT,
v.                 
                   
METRIC
CONSTRUCTORS,
INC.,
                                
               RESPONDENT .


BEFORE:  THE SECRETARY OF LABOR






                 FINAL ORDER ON ATTORNEYS' FEES
                                
    On January 13, 1992, the Administrative Law Judge (ALJ) issued
a Recommended Decision on Attorney Fees Pursuant to Remand in this
case which arises under the Energy Reorganization Act of 1974, as
amended (ERA), 42 U.S.C.  5851 (1988).
    By order dated October 30, 199l, the Secretary remanded the
case to the ALJ for reconsideration of the award of attorneys'
fees for services rendered by the law firm of Willcox, McLeod,
Buyck, Baker and Williams in connection with Complainant's claim
for damages before the ALJ.  Specifically, the case was remanded
for a determination of the prevailing and reasonable rate for
Complainant's counsel's services.  The Secretary's order also
permitted Complainant to submit a further petition for fees and
expenses incurred before the Secretary; and in response,

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Complainant's counsel submitted a Second Interim Fee
Petition, covering the period from March 6, 1989, to
November 15, 1991.
    After discussing the evidence and the arguments presented, the
ALJ accepted the hourly rates as requested by Complainant's
counsel.  Accordingly, he recommended that Respondent pay
$13,825.00 to the law firm for work performed during the period of
July 1988 through February 1989.  He also recommended an award of
$2, 520. 50 for work performed from November 4, 1991, to November
15, l991, while the case was before him again on remand. The ALJ
declined to consider entries on the fee petition for the period
from March 1989 through October 1991, pertaining to work performed
while the case was before the Secretary.
     Pursuant to an order issued January 17,                   
1992, permitting the parties to file briefs in support of or in
opposition to the ALJ's recommended decision, Respondent has
advised that it has elected not to contest the ALJ's decision,
that it has issued payment pursuant to the ALJ's recommended
order, and that it will not take any action in response to the
January 17, 1992, order. Complainant responds that he supports the
ALJ's decision in all respects, with one clarification.  He
additionally requests that the Secretary award him $3, 751. 50 in
attorneys' fees and $57.93 in costs, representing the amounts
requested on the Second Interim Fee Petition for the period from
March 6, 1989, until November 4, 1991.
     After considering the relevant evidence, and in view of
Respondent's compliance with the ALJ's ruling, I accept the ALJ's
recommendation that the sum of $16,345.50 is due the law firm
of Willcox, McLeod, Buyck, Baker and Williams for the work
performed before the ALJ on behalf of Complainant in
connection with this case.
    Furthermore, Respondent has raised no argument before me
concerning Complainant's fee petition for the period from March 6,
1989, to November 4, 1991.  Upon review of the petition, in close
conjunction with the record, I find that the attorneys' fees and
expenses requested for this period appear reasonably necessary and
not excessive.  I, therefore, conclude that the sum of $3,809.43 is
also due the firm of Willcox, McLeod, Buyck, Baker and Williams as
"expenses . . . reasonably incurred . . . ~in] the bringing of the
complaint . . . ."  42 U.S.C.  5851(b)(2)(B). See
also 29 C.F.R.  24.6(b)(3) (1991).
    SO ORDERED.

                            ROBERT B. REICH
                            Secretary of Labor                     

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Washington, D.C.