DATE ISSUED: May 22, 1996

Case No.  96-ERA-10

IN THE MATTER OF

DONALD C. SMITH

          Complainant

     v.

TENNESSEE VALLEY AUTHORITY,
          
          Respondent

                  RECOMENDED ORDER OF DISMISSAL

     The above case come on to be heard on the parties' motion to
dismiss, and, it appearing that the parties have agreed that the
matters in controversy in this proceeding have been fully
conciliated; that the parties have futher agreed that this
proceeding should be dismissed with full prejudice; and that the
conciliation agreement, having been reviewed pursuant to 42
U.S.C. 5851(b)(2)(A) (1994), is fair to all parties and
consistent with the provisions of law;

     It is hereby recommended that this proceeding be dismissed
with full prejudice.

                         Quentin P. McColgin
                         Administrative Law Judge


We request entry of this order:

Thomas F. Fine                Donald C. Smith
Assistant General Counsel          2916 Glasgow Place, SW
                              Decatur, Alabama 35603
                              Telephone No. 205-729-2190
                         
                              Complainant

Brent R. Marquand
Senior Litigation Attorney
Office of the General Counsel
Tennessee Valley Authority
400 West Summit Hill Drive
Knoxville, Tennessee 37902-1499
Telephone No. 423-632-4251

     Attorneys for Respondent


NOTICE:   This Recommended Decision and Order and the
          administrative file in this matter will be forwarded
          for review by the Secretary of Labor to the Office of
          Administrative Appeals, U.S. Department of Labor, Room
          S-4309, Frances Perkins Building, 200 Constitution
          Ave., NW, Washington, DC  20210.  The Office of
          Administrative Appeals has the responsibility to advise
          and assist the Secretary in the preparation and
          issuance of final decisions in the employee protection
          cases adjudicated under the regulations at 29 C.F.R.
          Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).