DATE:  October 3, 1995
CASE NO.  95-ERA-37


IN THE MATTER OF

MICHAEL E. SMITH,

          COMPLAINANT,

     v.

RAYTHEON ENGINEERS AND CONSTRUCTORS, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Notice of Cancellation of Hearing
and Recommended Order of Dismissal 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).  Prior to a
hearing, the parties submitted a stipulation of dismissal with
prejudice.  Based on the stipulation, the ALJ recommended this
case be dismissed with prejudice 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; Blevins v. Tennessee Valley
Authority, Case No. 90-ERA-4, Sec. Dec., June 28, 1993, slip op. at 2.
Such a Stipulation of dismissal may be with prejudice.  See Dysert v.
Florida Power & Light Co., Case No. 92-ERA-26, Sec. Dec. June
28, 1993, slip op. at 1.
     The ALJ's Recommendation is accepted and this case is
dismissed with prejudice.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.