U.S. DEPARTMENT OF LABOR

                           SECRETARY OF LABOR
                             WASHINGTON.  D.C.


DATE:  FEB 21 1996
CASE NO.     95-ERA-00044


IN THE MATTER OF

MATTHEW T. BUENAFLOR,
         COMPLAINANT,

         v .

HOUSTON LIGHT & POWER COMPANY,
         RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

         Before me for review is a Recommended Decision and Order Dismissing The
Complaint With Prejudice 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 Supp.  IV 1992).  Prior to the scheduled
hearing but subsequent to Respondent's filing a Motion for Summary Judgment, Complainant
moved to withdraw his complaint.  Respondent then filed a Motion to Dismiss With Prejudice
in accordance with Rule 41(a)(2) of the Federal Rules of Civil Procedure and the ALJ agreed
that dismissal under Rule 41(a)(2) was appropriate.

         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.  Pursuant to Rule 41(a)(2) the ALJ's
Recommended Order of Dismissal is accepted and this case is DISMISSED WITH
PREJUDICE.

         SO ORDERED.


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