DATE:  February 14, 1994
CASE NO. 93-ERA-00003


IN THE MATTER OF

JEROME REID,

          COMPLAINANT,

     v.

NIAGARA MOHAWK POWER CORPORATION,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL ORDER OF DISMISSAL

     Before me for review is the Recommended Order of Dismissal
of Complaint Without Prejudice and Denial of Motion for Summary
Decision (R.O.) of the Administrative Law Judge (ALJ) in this
case arising under the employee protection provision of the
Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. 
§ 5851 (1988).  The ALJ recommended dismissal of this
complaint without prejudice and denial of Respondent's motion for
a summary decision.
     Upon review of the ALJ's R.O., the record, and Respondent's
brief before me, I agree with the recommendation to deny
Respondent's motion for summary decision, and to grant
Complainant's request for voluntary dismissal without prejudice. 
Pursuant to 29 C.F.R. §18.1(a), the Federal Rules of Civil
Procedure are applicable to proceedings before Department of
Labor ALJs in any situation where there is no other governing or
controlling statute, regulation or rule.  Under the circumstances
presented in this case, I find this voluntary dismissal
appropriate pursuant to Rule 41(a)(1)(i) of the Federal Rules of
Civil Procedure.  See Silver v. Carolina Power & Light
Co., Case 
[PAGE 2]
No. 93-ERA-33, Sec. Final Order Dismissing Complaint, Sept. 29,
1993, slip op. at 1-2; Saporito v. Houston Power &
Lighting, Case Nos. 92-ERA-38, 45, Sec. Final Order of
Dismissal, June 28, 1993, slip op. at 1-2; Cable v. Arizona
Public Service Co., Case No. 90-ERA-15, Sec. Final Dec. and
Order, Nov. 15, 1992, slip op. at 3-5.  
     Complainant, proceeding pro se, repeatedly
notified the ALJ of his desire to withdraw his complaint due to
his medical condition and his inability to retain counsel.  This
request was initially made prior to Respondent's motion for
summary decision on the merits.  Moreover, Complainant submitted
a timely response to the ALJ's Order to Show Cause for failure to
appear at the hearing, which further explained Complainant's
difficulties with pursuing his complaint at this time, including
treatment of a herniated disk, ongoing psychiatric treatment and
difficulty retaining affordable counsel.  Finally, Complainant
indicates that a second complaint has been filed and discusses
consolidating his two complaints.       In these circumstances, I agree with the ALJ's
recommendation to dismiss the complaint without prejudice.
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.