DATE: October 5, 1995
CASE NO.  95-ERA-0031 


IN THE MATTER OF

AUGUSTINE O. GARCIA

          COMPLAINANT,

     v.

PITT-DES MOINES, INC. 

          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 provisions
of the Energy Reorganization Act, 42 U.S.C. § 4851 and the
applicable regulations at 29 C.F.R. Part 24.  On August 15, 1995,
the Administrative Law Judge (ALJ) issued a Recommended Decision
and Order Dismissing Claim With Prejudice, based upon
Complainant s failure to appear at a scheduled hearing and his
failure to respond to the ALJ's Order to Show Cause why the case
should not be dismissed with prejudice.
     On August 28, 1995, I issued an Order to Show Cause
directing Complainant to file, within 20 days of that Order, a
response stating why the complaint should not be dismissed. 
Complainant filed no response to the Order to Show Cause.     Based on Complainant s failure to respond to the Order 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.