DATE:   June 29, 1995
CASE NO.  95-ERA-28


IN THE MATTER OF

EDI WADE,

          COMPLAINANT,

     v.

BURNS INTERNATIONAL SECURITY SERVICES,

     and

CLANCY AND THEYS CONSTRUCTION COMPANY,

     and

CAROLINA LIGHT AND POWER COMPANY,

          RESPONDENTS.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me 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).   Prior to a hearing, the Complainant moved to
dismiss this matter without prejudice and Respondents replied
they do not object to dismissal of the complaint without
prejudice.  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 
[PAGE 2]
Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28, 1985,
slip op. at 6-8.  In pertinent part, Rule 41 states:
          [A] action may be dismissed by the [Complainant] . . .
          (i) by filing a notice of dismissal at any time before
          service by the adverse party of an answer . . .  Unless
          otherwise stated in the notice of dismissal . . ., the
          dismissal is without prejudice.

Fed. R. Civ. P. 41(a)(1)(i).
     The ALJ's Recommendation is accepted and this case is
dismissed without prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.