DATE:  August 4, 1995
CASE NO. 95-ERA-0008


IN THE MATTER OF

L. CRAIG WAGERLE,

          COMPLAINANT,

     v.

THE UNIVERSITY OF PENNSYLVANIA,
SCHOOL OF MEDICINE

     and

THE TRUSTEES OF THE UNIVERSITY
OF PENNSYLVANIA,

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Decision and Order
Approving Withdrawal of Claim issued by the Administrative Law
Judge (ALJ) in this case, which arises under the employee
protection provisions of the Energy Reorganization Act of 1974
(ERA), as amended, 42 U.S.C. § 5851 (1988 and Supp. IV
1992). During the hearing, the Complainant moved to dismiss this
matter without prejudice and stated that the motion was made
because he was not satisfactorily able to present his case. 
Respondent had no objection to Complainant withdrawing his claim
without prejudice.     Voluntary dismissals of ERA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder v.
Kaiser Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28,
1985, slip 
[PAGE 2]
op. at 6-8.
     The ALJ's Recommendation is accepted and this case is
dismissed without prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.