Harrison v. Stone & Webster Engineering Corp., 96-ERA-19 (ARB Sept. 27, 1996)

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USDOL/OALJ Reporter
Harrison v. Stone & Webster Engineering Corp., 96-ERA-19 (ARB Sept. 27, 1996)

U.S. Department of Labor
Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210

ARB CASE NO. 96-171
ALJ CASE NO. 96-ERA-19
DATE: September 27, 1996

In the Matter of:

DOUGLAS HARRISON,
COMPLAINANT,

STONE & WEBSTER ENGINEERING CORPORATION,
RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

ORDER OF DISMISSAL

Before the Board for review is a Recommended Order of Dismissal issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provision of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988). Prior to a hearing, the parties submitted a stipulation of dismissal with prejudice. Based on the stipulation, the ALJ recommended this case be dismissed with prejudice and we concur.

[Page 2]

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. Such a stipulation of dismissal may be with prejudice. See Dysert v. Florida Power & Light Co., Case No. 92-ERA-26, Sec. Dec. June 28, 1993, slip op. at 1.

The ALJ's Recommendation is accepted and this case is dismissed with prejudice.

SO ORDERED.

[ENDNOTES]

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute to the newly created Administrative Review Board. 61 Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of the statutes, executive order and regulations under which the Administrative Review Board now issues final agency decisions. Final procedural revisions to the regulations (61 Fed. Reg. 19982) implementing this reorganization were also promulgated on this date.