September 17, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter Administrative Review Board 200 Constitution Avenue, N.W. Washington, D.C. 20210
ARB CASE NO. 98-010
In the Matter of:
RICHARD D. CARTWRIGHT,
v.
LOCKHEED MARTIN UTILITY
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Before the Board for review is the Administrative Law Judge's (ALJ's) October 22, 1997 Recommended Order of Dismissal issued in the captioned matter, arising under the employee protection provision of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §5851 (1988). Prior to a hearing, Complainant and Respondent filed a joint motion to dismiss Complainant's case on the ground that the complaint did not raise an environmental safety violation as required for protection under the ERA. [Page 2] 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. Accordingly, the ALJ's recommendation is accepted and this case is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(2).
SO ORDERED.
DAVID A O'BRIEN
KARL J. SANDSTROM
JOYCE D. MILLER
|
||||||||
|