DATE:  August 25, 1993
CASE NO. 92-TSC-4


IN THE MATTER OF

WALTER C. LUTHER,

          COMPLAINANT,

     v.

CITY OF TYLER,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                     ORDER OF DISMISSAL WITH PREJUDICE

     Before me for review is the Recommended Order of Dismissal
with Prejudice (R.0.) issued by the Administrative Law Judge
(ALJ) in this case arising under the employee protection
provision of the Toxic Substances Control Act, 15 U.S.C. §
2622  (TSCA) (1988).  The ALJ recommended dismissal with
prejudice pursuant to Rule 41 of the Federal Rules of Civil
Procedure, based on a jointly filed Motion to Dismiss with
Prejudice.
     Pursuant to 29 C.F.R. § 18.1(a), the Federal Rules of
Civil Procedure (Fed. R. Civ. P.) apply in a hearing before an
ALJ when there is no specific statute or rule that governs. 
Since neither the TSCA, the implementing regulations at 29 C.F.R.
Part 24, nor the regulations governing hearings before ALJs of
the Department of Labor, at 29 C.F.R. Part 18, contain provisions
governing stipulations of voluntary dismissal, I find that the
recommended dismissal with prejudice under Fed. R. Civ. P.
41(a)(1)(ii) is appropriate.  See Fullmer v. Arizona
Public Service Co., Case No. 92-ERA-56, Sec. Final Ord. of
Dismissal, Dec. 15, 1992, slip op. at 1-2; Kleiman v. Florida
Power and Light Co., Case No. 

[PAGE 2]
91-ERA-00050, Sec. Final Ord. of Dismissal, Feb. 21, 1992, slip
op. at 1-2; Everhart v. Tecumseh Products Co., Case No.
91-TSC-4, Sec. Final Ord. of Dismissal, Aug. 30, 1991, slip op.
at 1-2.  
     Accordingly, this complaint is DISMISSED with prejudice.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.