DATE: August 25, 1993
CASE NO. 93-ERA-15
IN THE MATTER OF
BARBARA FAY SMITH,
COMPLAINANT,
v.
BURNS INTERNATIONAL SECURITY SYSTEM,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
FINAL ORDER OF DISMISSAL
Before me for review is the Recommended Order of Dismissal
(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 granting the parties' joint
stipulation and motion for dismissal pursuant to Rule
41(a)(1)(ii) of the Federal Rules of Civil Procedure (Fed. R.
Civ. P.).
Based on my review of the ALJ's order and the record in this
case, I adopt and append hereto the ALJ's R.O. as it is in
accordance with the prior decisions of the Secretary on voluntary
dismissals. SeegenerallyMosbaugh v. Georgia
Power Co., Case No. 90-ERA-58, Sec. Final Dec. and Ord.,
Sept. 23, 1992; Fullmer v. Arizona Public Service Co.,
Case No. 92-ERA-56, Sec. Final Ord. of Dismissal, Dec. 15, 1992,
slip op. at 1-2; Kleinman v. Florida Power and Light Co.,
Case No. 91-ERA-00050, Sec. Final Ord. of Dismissal, Feb. 21,
1992, slip op. at 1-2.
Accordingly, the complaint is dismissed with prejudice.
SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.