U.S. DEPARTMENT OF LABOR

                            SECRETARY OF LABOR
                             WASHINGTON, D.C.


DATE:     FEB 21 1996
CASE NO.  95-ERA-53

IN THE MATTER OF

GARY L. PHIPPS,
              COMPLAINANT,

         v.

FLORIDA POWER & LIGHT CO.,
                   RESPONDENT.

BEFORE:  THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

         Before me for review is an Order Cancelling 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 Supp.  IV 1992).  Prior to a hearing, the parties
submitted a fully executed Stipulation of Voluntary 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.