DATE: October 31, 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: THE SECRETARY OF LABOR
ORDER OF DISMISSAL
Before me for review is a Recommended Order of Dismissal
issued by the Administrative Law Judge (ALJ) on October 2, 1995,
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). Prior to a hearing, the
parties jointly submitted a fully executed Notice of Voluntary
Dismissal by Stipulation. Based on the notice, the ALJ
recommended this case be dismissed and I concur.
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 op. at 6-8; Avery v. B & W Commercial Nuclear Fuel
Plant, Case No. 91-ERA-8, Sec. Ord. of Dis., October 21,
1991, slip op. at n.1.
The ALJ's Recommendation is accepted and this case is
dismissed.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.