DATE:   April 15, 1996
CASE NO. 95-TSC-11


IN THE MATTER OF

R. GLEN PLUMLEE,

          COMPLAINANT,

     v.

EXXON CHEMICAL COMPANY,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     This case arises under the employee protection provisions of
the Toxic Substances Control Act (TSCA), 15. U.S.C. § 2622
(1988).  The Secretary has received Complainant R. Glen Plumlee's
request to withdraw his complaint against Exxon Chemical Company.

Plumlee states that he does not want to contest the Recommended
Decision and Order of the Administrative Law Judge (ALJ) to
dismiss his case.  Plumlee's motion to withdraw his complaint
shall be treated as a voluntary dismissal.  Voluntary dismissals
of TSCA 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.
     SO ORDERED.




                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.