September 21, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter
Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210
CASE NO. 96-ERA-9
In The Matter Of:
SCOTT E. COLEMAN,
v. DUQUESNE LIGHT COMPANY,
BEFORE: THE ADMINISTRATIVE REVIEW BOARD1
Before the Board is a Recommended Order Dismissing Complaint
issued by the
Administrative Law Judge (ALJ) in this case, which arises under the employee protection
provisions
of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1988). Prior to a
hearing, Complainant notified the ALJ that the issue of his discharge, which gave rise to the
instant
complaint, had been rescinded through arbitration and he wished to withdraw his complaint
without
prejudice. Respondent agreed to the dismissal without prejudice. Voluntary dismissals of ERA
complaints are governed by Rule 41 of the Federal Rules of Civil Procedure. See Nolder v.
Kaiser Engineers, Inc., Case No. 84-ERA-5, Sec. Dec., June 28, 1985, slip op. at 6-8;
Blevins v. Tennessee Valley Authority, Case No. 90-ERA-4, Sec. Dec., June 28, 1993,
slip
op. at 2.
The ALJ's recommendation is accepted and this case is dismissed
without prejudice.
Secretary's Order 2-96 contains a comprehensive list of the statutes, executive orders, and regulations under which the Administrative Review Board now issues final agency decisions. A copy of the final procedural revisions to the regulations (61 Fed. Reg. 19982) implementing this reorganization is also attached.
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