DATE:  June 28, 1993
CASE NO. 93-ERA-10


IN THE MATTER OF

BRUCE R. HOLMES

          COMPLAINANT,

     v.

TEXAS UTILITIES,

          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 (ERA), 42
U.S.C. § 5851, and is before me for review of the
Recommended Order of Dismissal with Prejudice of the
Administrative Law Judge (ALJ).  The ALJ recommended dismissal
based on Complainant's notice of withdrawal of the complaint. 
Respondent has not objected to the notice of withdrawal.
     Pursuant to 29 C.F.R. § 18.1(a), the Federal Rules of
Civil Procedure (Fed. R. Civ. P.) apply in a hearing before a
Department of Labor ALJ when there is no specific rule or statute
that governs.  Since neither the ERA, the implementing rules at
29 C.F.R. Part 24, nor the rules governing hearings before ALJs
of the Department of Labor, at 29 C.F.R. Part 18, contains aprovision governing voluntary dismissal, I find that dismissal is
appropriate under Fed. R. Civ. P. 41(a)(2).  Accordingly, this
complaint is DISMISSED with prejudice.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor


Washington, D.C.