DATE:  November 1, 1995
CASE NO. 86-ERA-35


IN THE MATTER OF 

WILLIAM R. SOUTHERLAND,

          COMPLAINANT,

     v.

DUQUESNE LIGHT COMPANY

     and

RAD SERVICES, INC.,

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT
                         AND DISMISSING COMPLAINT

     This case arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851 (1988 and Supp. IV 1992).  The parties
submitted a Settlement Agreement seeking approval of the
settlement and dismissal of the complaint.  The Administrative
Law Judge (ALJ) issued a Recommended Decision and Order (R. D.
and O.) on October 2, 1986,[1]  recommending that the settlement be
approved.  The request for approval is based on an agreement
entered into by the parties, therefore, I must review it to
determine whether the terms are a fair, adequate and reasonable
settlement of the complaint.  42 U.S.C. § 5851(b)(2)(A)
(1988).  Macktal v. Secretary of Labor, 923
F.2d 1150, 1153-54 (5th Cir. 1991); Thompson v. U.S.
Dep't of Labor, 885 F.2d 551, 556 (9th Cir. 1989);
Fuchko and Yunker v. Georgia Power Co., Case Nos.
89-ERA-
[PAGE 2]
9, 89-ERA-10, Sec. Order, Mar. 23, 1989, slip op. at 1-2. 
     The agreement appears to encompass the settlement of matters
arising under various laws, only one of which is the ERA. 
See 
pages 1-2.  For the reasons set forth in Poulos v.
Ambassador Fuel Oil Co., Inc., Case No. 86-CAA-1, Sec. Order,
Nov. 2, 1987, slip op. at 2, I have limited my review of the
agreement to determining whether its terms are a fair, adequate
and reasonable settlement of the Complainant's allegations that
Respondents violated the ERA.
     I find that the agreement, as here construed, is a fair, adequate and reasonable
settlement of the complaint.  Accordingly, I APPROVE the
agreement and DISMISS THE COMPLAINT WITH PREJUDICE.  
     SO ORDERED.



                             ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.





[ENDNOTES]
           
[1]   The ALJ's R. D. and O. and the parties' settlement
agreement were received by the Secretary on October 24, 1995.