DATE:  June 9, 1995
CASE NOS. 95-ERA-25
          95-ERA-27


IN THE MATTER OF

ANTHONY J. ROSS,

          COMPLAINANT,

     v.

NORTHEAST NUCLEAR 
ENERGY COMPANY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     The captioned cases, arising under the employee protection
provision of the Energy Reorganization Act of 1974, as amended
(ERA), 42 U.S.C.A. § 5851 (West 1994), are hereby
consolidated for decision.  On January 18 and 26, 1995,
Complainant filed complaints of unlawful discrimination in these
cases, which the Assistant Secretary for Occupational Safety and
Health found did not meet the requisite showing to merit
investigation.  Complainant objected to these findings and
requested a hearing.  The cases were assigned to an
Administrative Law Judge (ALJ).  Complainant thereafter notified
the ALJ that, with reference to Case Nos. 95-ERA-25/27, "[t]he
Complainant is hereby withdrawing the above mentioned case(s)." 
The ALJ has recommended that the cases be dismissed.
     As the ALJ recognized, 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. 
Accordingly, I 
[PAGE 2]
adopt the ALJ's May 2, 1995, Recommended Orders of Dismissal. 
The captioned cases ARE DISMISSED.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.