DATE:  April 15, 1996
CASE NO. 95-CAA-17


IN THE MATTER OF

BOBBY WAYNE SPEARS, JR.,

          COMPLAINANT,

     v.

ENVIRITE CORPORATION,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal
issued by the Administrative Law Judge (ALJ) in this case, which
arises under the employee protection provisions of the Clean Air
Act (CAA), 42 U.S.C. § 7622 (1988).  Prior to a hearing,
Complainant's counsel notified the ALJ that the matter had been
settled and should be removed from the docket.  Because this
notification was submitted prior to a hearing and before the
filing of any pleadings, the ALJ construed the notification to be
a notice of voluntary dismissal and issued an order recommending
this case be dismissed without prejudice.  Voluntary dismissals
of CAA 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 WITHOUT PREJUDICE.
     SO ORDERED.


[PAGE 2]



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.