DATE: November 16, 1992
CASE NO. 92-ERA-0042


IN THE MATTER OF

BRENDA HENSLEY,

          COMPLAINANT,

         v.


NUCLEAR FUEL SERVICES, INC.,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL ORDER OF DISMISSAL
                                     
     This case arises under the employee protection provision of
the Energy Reorganization Act of 1974, as amended, 42 U.S.C. 
§ 5851 (1988), and is before me for review of the
Recommended Order of Dismissal (R.O.D.) of the Administrative Law
Judge (ALJ).  The ALJ recommends dismissal based on Complainant's
desire to withdraw her complaint.  Respondent asks that the
dismissal be with prejudice.
    The parties were given the opportunity to file briefs before
the Secretary.  Respondent filed a letter-brief in support of the
R.O.D., and Complainant did not file a brief. [1]

     The ALJ did not indicate the rule under which he recommended
granting dismissal.  No specific rule or statute governs
voluntary dismissal of complaints under the ERA.  Pursuant to 29
C.F.R. § 18.1(a), the Federal Rules of Civil Procedure apply
in a hearing before a Department of Labor ALJ when there is no
specific rule or statute that governs.  I find that dismissal is
warranted under Fed. R. Civ. P. 41(a)(2), which provides for
dismissal by order of the court, with such terms and conditions 
[PAGE 2]
as the court deems proper.  Respondent asked for dismissal with
prejudice, and since Complainant has not objected, I DISMISS this
complaint with prejudice. 
     SO ORDERED


                              LYNN MARTIN
                              Secretary of Labor

Washington, D.C.

[ENDNOTES]
    [1] The record shows that Complainant received a copy of the Order
 Establishing Briefing Schedule.