DATE:  October 4, 1995
CASE NO. 95-ERA-0007 


IN THE MATTER OF

SANG JOO KIM 

          COMPLAINANT,

     v.

HOSPITAL OF THE UNIVERSITY
  OF PENNSYLVANIA

          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 provisions
of the Energy Reorganization Act, 42 U.S.C. § 4851 and the
applicable regulations at 29 C.F.R. Part 24.  On May 31, 1995
(during a hearing conducted in another Federal employee
protection case), Complainant, who was present, was directed by
the Administrative Law Judge (ALJ) to advise the ALJ whether he
was going to continue with his action.  More than 30 days passed
and Complainant did not advise the ALJ of his intent to pursue
the captioned claim.
     On July 13, 1995, the ALJ issued an Order to Show Cause
providing Complainant 15 days to explain why the complaint should
not be dismissed.  Complainant filed no response to the ALJ's
Order to Show Cause and on August 22, 1995 the ALJ entered his
Recommended Decision and Order Dismissing Claim.
     On August 30, 1995, I issued an Order to Show Cause
directing Complainant to file, within 20 days of that Order, a
response stating why the complaint should not be dismissed.  
[PAGE 2]
Complainant filed no response to the Order to Show Cause.
     Based on Complainant s failure to respond to the Orders to
Show Cause, the ALJ s recommendation is accepted and this case is
dismissed.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.