DATE: June 3, 1994
CASE NO. 94-ERA-20
TOM BRADISH,
Complainant
v.
THE DETROIT EDISON COMPANY,
Respondent
RECOMMENDED DECISION AND ORDERAUTHORIZING AND DIRECTINGWITHDRAWAL OF COMPLAINT
A Notice of Hearing and Pre-Hearing Order issued on April 21,
1994 scheduled this case for Hearing on June 28, 1994 at Detroit,
Michigan and directed the Parties to file herein a Pre-Hearing
Statement on or before and not after a postmarked date of May 16,
1994. Respondent's Pre-Hearing Statement, bearing a postmarked
date of May 16, 1994, was filed on May 18, 1994. Complainant did
not respond to the Pre-Hearing Order.
An Order To Show Cause issued on May 24, 1994 directed
Complainant to recite all reasons why this case should not be
dismissed due to his failure to comply with the Pre-Hearing
Order. Within the established reply time frame, on May 31, 1994
the Complainant submitted the writing "Please withdraw my
Complaint." Respondent, on May 31, 1994, filed a Motion To
Dismiss. An Order to Show and Reserving Ruling issued on May 31,
1994 directed Respondent to recite all reasons why Complainant's
request for withdrawal of his Complaint should not be granted.
Ruling on Respondent's Motion To Dismissed was reserved until
reply to the Show Cause Order was filed. On June 2, 1994,
Respondent's announcement that "it does not oppose Complainant's
request for withdrawal of his complaint" was filed.
Upon consideration thereof, I find that the best interests of the
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Parties and of all concerned are properly served by favorable
entertainment of Complainant's request for withdrawal of his
Complaint. Respondent's Motion To Dismiss is thus moot.
WHEREFORE, IT IS RECOMMENDED that a Final Order Authorizing and
Directing Withdrawal of Complaint issue and the Notice of
Determination issued by the District Director, Employment
Standards Administration, Wage and Hour Division on April 6, 1994
be, and remain, the Final Order of the Secretary of Labor.
BERNARD J. GILDAY, JR.
ADMINISTRATIVE LAW JUDGE