DATE:  August 22, 1994
CASE NO. 94-CAA-12


IN THE MATTER OF

NANCY MAYHEW,

          COMPLAINANT,

     v.

FORMOSA PLASTICS CORPORATION, TEXAS,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL ORDER OF DISMISSAL

     On July 13, 1994, the Administrative Law Judge (ALJ) issued
a Recommended Order of Dismissal granting Complainant's request
for a voluntary dismissal of this complaint arising under the
employee protection provisions of the Clean Air Act, 42 U.S.C. 
§ 7622 (1988), the Solid Waste Disposal Act, 42 U.S.C.
§ 6971 (1988), the Water Pollution Control Act, 33 U.S.C.
§ 1367 (1988), and the Toxic Substances Control Act, 15
U.S.C. § 2622 (1988).  The ALJ found that Complainant, in
person and through her attorney, requested dismissal of her case
and that Respondent did not object to Complainant's request.
     It appears Complainant's request along with Respondent's
written agreement, constitute a stipulation of dismissal by the
parties and that this stipulation satisfies the requirements of
Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, which
the Secretary has held applicable in these circumstances. 
See Bradish v. The Detroit Edison Co., Case No. 94-
ERA-20, Sec. Final Ord. of Dismissal, Aug. 8, 1994, slip op. at
1-2; Bauer v. Power Resources, Inc., Case No. 94-
ERA-10, Sec. Ord. of Dismissal, June 24, 1994, slip op. at 1-2. 

[PAGE 2]
     The complaint in this case is therefore, dismissed without
prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.