DATE:  August 17, 1995
CASE NO.  95-ERA-3


IN THE MATTER OF

SHARYN EKLUND,

          COMPLAINANT,

     v.

NATIONAL INSTITUTES OF HEALTH,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal in
this case which arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851.  On  March 9, 1995, the ALJ issued an Order
to Show Cause why the case should not be dismissed for
Complainant's failure to prosecute and further ordering
Complainant to provide a list of acceptable hearing dates. 
Complainant responded to the ALJ's Order to Show Cause, but the
ALJ concluded that Complainant did not show good cause for her
failure to prosecute the case.  The Complainant also did not
provide a list of alternative hearing dates.  On May 22, 1995,
the ALJ issued a Recommended Order dismissing the complaint with
prejudice.     On July 6, 1995, an Order to Show Cause was issued,
directing Complainant to file, within 20 days of that Order, a
response explaining her failure to prosecute and to provide
acceptable hearing dates, and stating why the complaint should
not be dismissed because of these failures.  Complainant filed no
response to the Order to Show Cause.

[PAGE 2]
     Based on Complainant's failure to prosecute and provide
alternative hearing dates, and her failure to comply with both
Orders to Show Cause, the ALJ's recommendation is accepted and
this case is dismissed with prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.