Case No.: 86-ERA-3

In the Matter of:

Anthony D. Laratta,
    Complainant

    v.

Niagara Mohawk Power Company,
    Employer

    This is a Proceeding initiated in accordance with the terms of a special employee-protection provision of the Energy Reorganization Act of 1974 (42 U.S.C. ¶ 5851), and the implementing regulations issued by the Secretary of Labor, 29 C.F.R. ¶ 24 (1980).

    By an order entered November 15, 1985, the Complainant was ordered to show cause why the matter should not be dismissed for lack of complaint cognizable under the statute. Complainant was ordered to make his response on or before

December 6, 1985. Other subsequent responsive pleadings were specifically provided for. Complainant made no response to the November 15, 1985 order to show cause, and made no request for postponement.

    By a letter dated December 20, 1985, the Respondent employer advises as follows:

Mr. Laratta recently informed company officials that he had decided to withdraw his complaint in this action. We resoectfully submit that Mr. Laratta has done so implicitly by failing to comply with your November 15, 1985 Order to Show Cause.

    Accordingly, it is ORDERED that the complaint in this proceeding be, and it is hereby, DISMISSED.

       ROBERT M. GLENNON
       Administrative Law Judge

Dated: MAR 12 1986
Boston, Massachusetts
RMG:jtd

Notice: Pursuant to 29 C.F.R. Para. 24.6(a) this recommended decision is being forwarded this date, along with the records, to the Secretary of Labor for a final order.