DATE:  November 1, 1995
CASE NOS. 91-ERA-22
          91-ERA-53
          92-ERA-39


IN THE MATTER OF 

MURRELL D. ENGLAND,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY

     and

EBASCO CONSTRUCTORS, 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 Memorandum of Understanding and Agreement seeking
approval of the settlement and dismissal of the complaint.  The
Administrative Law Judge (ALJ) issued a Recommended Order of
Dismissal (R. O.) on June 17, 1993,[1]  recommending that
the complaint be dismissed.  The request for dismissal is based
on an agreement entered into by the parties, therefore, I must
review it to determine whether 
[PAGE 2]
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-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 paragraph 6.  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. O. and the parties' settlement agreement were
received by the Secretary on October 24, 1995.