DATE:  May 1, 1995
CASE NO.  94-WPC-6

IN THE MATTER OF

MICHAEL PARKER,

          COMPLAINANT,

     V.

CITY OF MERRILL,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     DECISION AND ORDER

       In this case, which arises under the employee protection
provisions of the Water Pollution Control Act, 33 U.S.C. §
1367 (1988), the Administrative Law Judge (ALJ) issued a
[Recommended] Decision and Order dismissing the matter based on
the fact that, upon commencement of the hearing, the Complainant
stated he was unable to offer a defense to the finding that the
claim was not timely and withdrew his complaint.  by Order dated
March 27, 1995 Complainant was given 20 days to show cause why
this case should not be dismissed.  The 20 days have now run and
Complainant has not responded to the Order to Show Cause;
therefore, the complaint is dismissed.

     SO ORDERED.

                              For the Secretary of Labor


                             DAVID A. O'BRIEN
                             Acting Director, Office of
                                Administrative Appeals [1] 
Washington, D.C.



[ENDNOTES]
           
[1]  This order is issued pursuant to the Secretary's Order 3-90,
55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).