CASE NO. 96-ERA-9
DATE: July 3, 1996

In The Matter Of:

SCOTT E. COLEMAN,

COMPLAINANT,

v.

DUQUESNE LIGHT COMPANY,

RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

    Before the Board is a Recommended Order Dismissing Complaint issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provisions of the Energy Reorganization Act of 1974 (ERA), 42 U.S.C. § 5851 (1988). Prior to a hearing, Complainant notified the ALJ that the issue of his discharge, which gave rise to the instant complaint, had been rescinded through arbitration and he wished to withdraw his complaint without prejudice. Respondent agreed to the dismissal without prejudice. 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.

    The ALJ's recommendation is accepted and this case is dismissed without prejudice.

SO ORDERED.

DAVID A. O'BRIEN

Chair

KARL J. SANDSTROM

Member

JOYCE D. MILLER

Alternate Member

    Secretary's Order 2-96 contains a comprehensive list of the statutes, executive orders, and regulations under which the Administrative Review Board now issues final agency decisions. A copy of the final procedural revisions to the regulations (61 Fed. Reg. 19982) implementing this reorganization is also attached.