DATE:  August 17, 1995
CASE NO. 95-ERA-29


IN THE MATTER OF

ROBERT A. BACKMAN

          COMPLAINANT,

     v.

WESTINGHOUSE SAVANNAH RIVER COMPANY

          RESPONDENT,

     and

BELL ATLANTIC,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal in
this case which arises under the employee protection provision of
the Energy Reorganization Act of 1974 (ERA), as amended, 42
U.S.C. § 5851.  On May 3, 1995, the ALJ issued an Order to
Show Cause directing Complainant to respond on or before May 16,
1995, stating why the case should not be dismissed for
Complainant's failure to prosecute and his apparent abandonment
of the claim.  Complainant failed to respond to the ALJ's Order
to Show Cause.  On May 31, 1995, the ALJ entered a recommended
Order of Dismissal with prejudice.     On July 7, 1995, an Order to Show Cause was issued,
directing Complainant to file, within 15 days of that Order, a
response explaining why this matter should not be dismissed.  
[PAGE 2]
Again, Complainant filed no response to the Order to Show Cause.
     Based on Complainant's failure to respond to the both Orders
to Show Cause, the ALJ's recommendation is accepted and this case
is dismissed with prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.