DATE:  October 2, 1995

CASE NO. 95-ERA-23

In the Matter of
                    
ROBERT L. PLATT     
                    
          Complainant
                         
     v.                  
                              
RAYTHEON CONSTRUCTORS, INC./UE&C - CATALYTIC INC.;          
DETROIT EDISON; INTERNATIONAL BROTHERHOOD OF ELECTRICAL     
WORKERS, LOCAL UNION NO. 8    
                              
          Respondents         


BEFORE:  RUDOLF L. JANSEN
         Administrative Law Judge


                   RECOMMENDED ORDER OF DISMISSAL

     This case arises under the provisions of the Energy Reorga-
nization Act of 1974, 42 U.S.C. § 58.51 and the applicable
regulations which are found at 29 C.F.R. Part 24.  The case was
initiated as the result of an appeal taken by the complainant
from an adverse ruling made by the U.S. Department of Labor.

     On August 24, 1995, R. Kevin Greenfield, counsel for com-
plainant, filed a statement indicating that the complainant
desired to dismiss his appeal in this case.  The request letter
indicates that Mr. Platt prefers to pursue his whistleblower
complaint under the laws of the state of Michigan.  On August 25,
1995, I issued an Order directing the parties to submit a Stipu-
lation of Dismissal signed by all parties who have appeared in
this action as provided under Fed. R. Civ. P. 41(a)(1)(ii).  On
September 25, 1995, a Notice of Voluntary Dismissal by Stipu-
lation was submitted by complainant's counsel.  The Notice was
signed by counsel for each of the respondents and also by the 
[PAGE 2]
complainant himself.  I accept the Notice of Voluntary Dismissal
by Stipulation as being a request by Mr. Platt to withdraw his
complaint in this case.

     The 29 C.F.R. Part 24 regulations providing the procedures
for the handling of an Energy Reorganization Act of 1974 com-
plaint provide no guidance as to the processing of a withdrawal
request under these circumstances.  The same is true with respect
to the Rules of Practice and Procedure for Administrative Hear-
ings before judges in this office.  29 C.F.R. Part 18.  There-
fore, the Rules of Civil Procedure for the District Courts of the
United States are to be applied.  29 C.F.R. § 18.1.  Fed. R.
Civ. P. 41(a)(1)(ii) provides for a voluntary dismissal based
upon the filing of a Stipulation of Dismissal signed by all
parties who have appeared in the action.  The dismissal under
these circumstances is without prejudice.

     The Notice of Voluntary Dismissal by Stipulation filed by
the complainant and signed by counsel for all of the parties in
this case complies in all respects with Fed. R. Civ. P.
41(a)(1)(ii).

     Based upon the request of the complainant, IT IS RECOMMENDED
to the Secretary of Labor that the voluntary dismissal request of
Robert H. Platt be accepted.  The request for dismissal made by
the complainant involves no settlement agreement between the
parties.   




                                      ________________________
                                      Rudolf L. Jansen
                                      Administrative Law Judge



NOTICE:  This Recommended Order and the administrative file in
this matter will be forwarded for review by the Secretary of
Labor to the Office of Administrative Appeals, U.S. Department of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Ave., NW, Washington, DC 20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978.  See 55 Fed. Reg. 13250 (1990).