DATE ISSUED: October 21, 1998

CASE NO.: 1998-ERA-44

In the Matter of

EDWARD D. STONER,
    Complainant

    v.

GENERAL PHYSICS CORP.

    and

NIAGRA MOHAWK CORP.
    Respondents

   A preliminary hearing was conducted, in the above-styled matter, under the employee protection provisions of the Energy Reorganization Act, 42 U.S.C. 5851 and the implementing regulations at 29 C.F.R. Part 24, by the Honorable Richard A. Morgan, Administrative Law Judge, U.S. Department of Labor, on October 7, 1998, in Skaneateles, New York. Counsel for the Respondents, Mr. Peter D. Carmen, Esq., counsel for

General Physics, and Robert A. Laberg and Thomas Keleher, counsel for Niagra Mohawk Corp., moved for dismissal of the complaint because of the failure to appear by the Complainant's counsel.¹ After informing the undersigned he had telephonically consulted with his counsel, Mr. David Blum, Esq., the Complainant moved to withdraw his complaint.

   The Complainant explained, among other matters, that he was involved in parallel proceedings, under State labor laws in the State Courts of New York and he could not afford to pursue both complaints. No objection was made by the respondents. I granted the motion at that time.

   WHEREFORE, the Complainant's motion to withdraw his complaint is GRANTED. The complaint is DISMISSED.

       RICHARD A. MORGAN
       Administrative Law Judge

RAM:dmr

NOTICE: This Recommended Dismissal will automatically become the final order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review must be received by the Administrative Review Board within ten business days of the date of this Recommended Dismissal, and shall be served on all parties and on the Chief Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63 Fed. Reg. 6614 (1998).

¹ The Complainant's counsel intentionally failed to appear at the scheduled hearing.