DATE: April 22, 1994
CASE NOS. 92-ERA-20
92-ERA-32
IN THE MATTER OF
MICHAEL J. MULLIGAN,
COMPLAINANT,
v.
VERMONT YANKEE NUCLEAR
POWER CORPORATION,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
Before me for review is the Recommended Order Approving
Stipulation of Dismissal with Prejudice (R.O.), issued by the
Administrative Law Judge (ALJ) on May 1, 1992, in these cases
arising under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988). The ALJ recommended granting the parties' jointly
filed motion for dismissal with prejudice, pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure (F.R. Civ.
P.).
Because the administrative record in this case, which was
referenced by the ALJ in his R.O., was never received for review,
a final decision has not been issued in this case. Accepting the
procedural history and the facts of the case to be accurately
recited by the ALJ in his R.O., I concluded that his
recommendation would be appropriate. Rather than delay the final
disposition of this case further, I issued an Order to Show Cause
on March 23, 1994, requesting that the parties show cause within
[PAGE 2]
30 days of receipt of the order, why the ALJ's R.O. dismissing
the complaints with prejudice pursuant to Rule 41(a)(1)(ii)
should not be accepted as the final decision in these cases
pursuant to 29 C.F.R. § 24.6 (1993).
In response to the Show Cause Order, Complainant Mulligan
submitted a taped recording of himself for consideration. The
recording was carefully reviewed and I conclude that Complainant
failed to show cause why the ALJ's R.O. should not be adopted as
the final decision in this case. Complainant acknowledges that
the outcome of this case was an acceptable resolution, and does
not dispute the ALJ's findings and conclusions.
Accordingly, I adopt the ALJ's R.O. dismissing the
complaints with prejudice.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.
