DATE:  October 30, 1995
CASE NO.  92-ERA-00021


IN THE MATTER OF

WILLIAM B. BROWN,

          COMPLAINANT,

     v.

TENNESSEE VALLEY AUTHORITY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal
issued by the Administrative Law Judge (ALJ) on June 2, 1992, and
received by the Secretary on October 18, 1995.  This case arises
under the employee protection provisions of the Energy
Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. §
5851 (1988).   Prior to a hearing, the parties jointly submitted
a Motion for Voluntary Dismissal and further represented that no
settlement was involved in their request for dismissal.  Based on
the motion, the ALJ recommended this case be dismissed and I
concur.
     Voluntary dismissals of ERA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder v.
Kaiser Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28,
1985, slip op. at 6-8; Avery v. B & W Commercial Nuclear Fuel
Plant, Case No. 91-ERA-8, Sec. Ord. of Dis., October 21,
1991, slip op. at n.1.
     The ALJ's Recommendation is accepted and this case is
dismissed.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.