Date: October 24, 1996

Case No. 96-CAA-5

In the Matter of

WILLIAM JORGENSEN and
JAMES HARVEY,
    Complainants,

    v.

GUARANTEED MUFFLER, TIRE &
BRAKE SERVICE CENTER, INC.,
    Respondent.

    The above captioned case arises out of a complaint pursuant to the employee protection provision of the Clean Air Act, 42 U.S.C. § 7622 and its implementing regulations found at 29 C.F.R. Part 24. After investigating the Complainants' allegations, the District Director of the Wage and Hour Division for the United States Department of Labor found that discrimination was not a factor the actions comprising the complaint. Subsequently, the Complainants requested a hearing before an administrative law judge. Thus, a formal hearing was scheduled in this case before the undersigned for October 24, 1996.

    By way of motion dated October 21, 1996, the Complainants moved that their discrimination complaint be withdrawn. Twenty-four C.F.R. Section 24.5(e)(4) states that upon the request of any party, the administrative law judge may dismiss a claim. Thus, I find that the Complainant's withdrawal of their complaint, and accordingly, the cancellation of the formal hearing, serves as a waiver of their objections to the findings of the Wage and Hour Division. consequently, the finding of no discrimination by the Wage and Hour Division is final. Accordingly,

    IT IS ORDERED that the complaint of William Jorgensen and James Harvey under the employee protection provision of the Clean Air Act is hereby DISMISSED.

       DANIEL J. ROKETENETZ
       Administrative Law Judge