U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-010
(ALJ CASE NO. 97-ERA-41)
DATE: October 31, 1997
In the Matter of:
RICHARD D. CARTWRIGHT,
COMPLAINANT,
v.
LOCKHEED MARTIN UTILITY
SERVICES, INC.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
ORDER OF DISMISSAL
Before the Board for review is the Administrative Law Judge's (ALJ's)
October 22, 1997 Recommended Order of Dismissal issued in the captioned matter, arising
under the employee protection provision of the Energy Reorganization Act of 1974, as
amended (ERA), 42 U.S.C. §5851 (1988). Prior to a hearing, Complainant and
Respondent filed a joint motion to dismiss Complainant's case on the ground that the
complaint did not raise an environmental safety violation as required for protection under the
ERA.
[Page 2]
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. Accordingly,
the ALJ's recommendation is accepted and this case is DISMISSED WITH
PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(2).
