DATE:     January 5, 1995

CASE NO.  93-STA-19

In the Matter of

CHESTER C. ROWLAND, JR.
          Complainant

     v.

EASY REST BEDDING, INC.
          Respondent.


ORDER OF DISMISSAL

     On June 29, 1994, an Order to Show Cause was issued by the
the undersigned Administrative Law Judge directing the
Complainant to show cause why his claim should not be dismissed
for reasons as stated in the Order.  The Complainant failed to
respond to the Show Cause Order and on July 22, 1994, an Order
was issued dismissing the Complaint.
     The Order of Dismissal was reviewed by the Secretary of
Labor who issued an Order of Remand on November 21, 1994,
stating, in part:

        .... I deem it appropriate to remand this case to the ALJ
     in order to ascertain whether Rowland, pro se
     complainant, intends to raise the successorship issues and
     to proceed against the present employer.  If so, the ALJ is
     directed to notify that employer of Rowland's intent and to
     conduct the necessary further proceedings.  Accordingly,
     this case is REMANDED.

     In response to the Order of Remand issued by the Secretary,
an Order was issued inquiring of the Complainant whether he
intended to raise the successorship issue and proceed against the
present employer.  The Order issued on November 28, 1994, stated
as follows:
    
          ORDERED that the Complainant, Chester C. Rowland, Jr.,
     file a written response to this Order on or before the 23rd
     day of December 1994, stating whether he intends to raise 
[PAGE 2]
     the successorship issue and proceed against the present employer
     or whether he intends to take no further action and wishes to
     withdraw his complaint.  Failure to respond to this Order may
     result in the dismissal of his complaint.

The Order, together with a copy of the Show Cause Order dated
June 29, 1994, was mailed to the Complainant by certfied mail,
return receipt requested.  These Orders were received by the
Complainant on December 5, 1994, as evidenced by the signed
return receipt.  The Complainant failed to respond to the Order.
     Because the Complainant failed to respond to the Order of
November 28, 1994, and failed to respond to the earlier Show
Cause Order of June 29, 1994, it is therefore,
     ORDERED that the complaint of Chester C. Rowland, Jr., is
hereby DISMISSED.


                                   Robert L. Hillyard
                                   Administrative Law Judge