DATE: May 21, 1987
CASE NO: 85-SWD-4

IN THE MATTER OF

DONALD W. CHASE;
    Complainant,

    v.

BUNCOMBE COUNTY, N.C.
DEPARTMENT OF COMMUNITY
IMPROVEMENT,
    Respondent.

BEFORE: THE SECRETARY OF LABOR

   Before me for consideration is the Recommended Order of Dismissal (R. O.) issued by Administrative Law Judge (ALJ) John C. Bradley, on March 30# 1987, in the above-captioned case¹ which arises under the employee protection provision of the Solid Waste Disposal Act (SWDA), 42 U.S.C. § 6971(a) (1982).

   On November 3, 1986, I remanded this case to the ALJ for the purpose of holding a hearing on the merits of the complaint and issuing a recommended decision. A hearing was commenced on February 24, 1987. At this hearing, Complainant advised that he wished, for personal reasons, to withdraw his complaint, and asked that the ALJ dismiss the case. Hearing Transcript at 6. The Complainant acknowledged that he understood that his complaint would be dismissed with prejudice.

   Accordingly, I accept the ALJ'S recommendation, and the complaint in this case is DISMISSED WITH PREJUDICE.

   SO ORDERED.

       WILLIAM E. BROCK
       Secretary of Labor

Washington, D.C.

¹The caption of the ALJ's R. O. is incorrect in that it refers to Respondent as the Department of Community "Development."