ARB CASE NO. 97-046
(ALJ CASE NO. 97-ERA-0001)
DATE: January 22, 1997

In the Matter of:

INEZ J. AUSTIN,
    COMPLAINANT,

    v.

WESTINGHOUSE HANFORD COMPANY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD¹

    Before the Board 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 Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988 and Supp. IV 1992). Prior to a hearing, Complainant filed a Motion To Dismiss Without Prejudice. Respondent subsequently advised the ALJ that it had no objection to Complainant's Motion To Dismiss Without Prejudice. 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 WITHOUT PREJUDICE.

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member

¹ On April 17, 1996, a Secretary's Order was signed delegating jurisdiction to issue final agency decisions under this statute and the implementing regulations to the newly created Administrative Review Board (ARB). Secretary's Order 2-96 (Apr. 17, 1996), Fed. Reg. 19978 (May 3, 1996). Secretary's Order 2-96 contains a comprehensive list of statutes, executive order, and regulations under which the Administrative Review Board now issues final decisions.