DATE: January 17, 1996
CASE NO. 95-ERA-24


IN THE MATTER OF 

DONALD J. JACKSON,

          COMPLAINANT,

     v.

SCIENCE APPLICATIONS INTERNATIONAL
CORPORATION DIVISION 012, SAVANNAH RIVER,

     and

THE UNITED STATES DEPARTMENT OF ENERGY, 

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     Before me for review is the Recommended Order of Dismissal
issued on September 5, 1995, by the Administrative Law Judge
(ALJ) in this case arising under section 211 (employee protection
provision) of the Energy Reorganization Act, as amended (ERA), 42
U.S.C. Section 5851 (1988 & Supp. V 1993).  The ALJ has
recommended that the complaint against Respondent U. S.
Department of Energy (DOE), an agency of the United States be
dismissed because sovereign immunity has not been waived under
ERA section 211, and therefore, DOE is not subject to suit.  I
agree, and have previously so held in Stefan K. Teles v. U.
S. Dep't of Energy, 94-ERA-22, Aug. 7, 1995, Sec.
Final Dec. and Order.

[PAGE 2]
     Accordingly, I adopt the ALJ's Recommended Order of
Dismissal.  The complaint against DOE IS DISMISSED.
     SO ORDERED.



                         ROBERT B. REICH
                         Secretary of Labor

Washington, D.C.