DATE:  May 31, 1995
CASE NO.  95-ERA-0022


IN THE MATTER OF

CHERYL R. MATERNOWSKI,

          COMPLAINANT,

     v.

I.E.S. INDUSTRIES, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Decision and Order
Dismissing Claim With Prejudice 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).   Prior to a
hearing, the Complainant moved to dismiss this matter with
prejudice and stated that the motion was not made pursuant to a
settlement as there was not and would not be a settlement in this
matter.  Based on Complainant's motion, the ALJ recommended this
case be dismissed and I concur.
     Voluntary dismissals of ERA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder v.
Kaiser Egineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28,
1985, slip op. at 6-8.
     The ALJ's Recommendation is accepted and this case is
dismissed with prejudice.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.