U.S. Department of Labor
Office of Administrative Law Judges
50 Fremont Street, Suite 2100
San Francisco, CA 94105
CASE NO: 96-TSC-0008
In the Matter of
DANIEL McDOWELL,
Complainant
vs.
DOYON DRILLING SERVICES, LTD.
Respondent
RECOMMENDED ORDER
The parties hereto have submitted an Unopposed
Motion for dismissal with prejudice, a copy of which is attached
hereto.
I recommend that the Secretary (Administrative
Review Board) authorize the dismissal requested.
In addition to the reasons set forth in the
Memorandum In Support of Dismissal, which is also attached as
part of the motion, I note that the parties have informed me that
there is a grand jury proceeding involving the same subject
matter. I believe such a grand jury proceeding is likely to
protect the public interest, which is the interest the Department
of Labor also seeks to protect. I note further that 29 C.F.R.
§24.5(e)(4) provides that the administrative law judge may
dismiss a claim if the complainant or his representative fails to
attend a hearing. It would seem reasonable that a claim could be
dismissed without having the complainant go through the motions
of failing to appear for a hearing. In light of the fact that
both parties agree to the dismissal, it would seem idle to issue
an order to show cause as provided in §24.5(e)(4)(ii).
