U.S. Department of Labor Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202
Date: October 24, 1996
Case No. 96-CAA-5
In the Matter of
WILLIAM JORGENSEN and
JAMES HARVEY,
Complainants,
v.
GUARANTEED MUFFLER, TIRE &
BRAKE SERVICE CENTER, INC.,
Respondent.
ORDER OF DISMISSAL
The above captioned case arises out of a complaint pursuant to the
employee protection provision of the Clean Air Act, 42 U.S.C. § 7622 and its
implementing regulations found at 29 C.F.R. Part 24. After investigating the Complainants'
allegations, the District Director of the Wage and Hour Division for the United States
Department of Labor found that discrimination was not a factor the actions comprising the
complaint. Subsequently, the Complainants requested a hearing before an administrative law
judge. Thus, a formal hearing was scheduled in this case before the undersigned for October 24,
1996.
By way of motion dated October 21, 1996, the Complainants
moved that their discrimination complaint be withdrawn. Twenty-four C.F.R. Section 24.5(e)(4)
states that upon the request of any party, the administrative law judge may dismiss a claim.
Thus, I find that the Complainant's withdrawal of their complaint, and accordingly, the
cancellation of the formal hearing, serves as a waiver of their objections to the findings of the
Wage and Hour Division. consequently, the finding of no discrimination by the Wage and Hour
Division is final. Accordingly,
IT IS ORDERED that the complaint of William Jorgensen and
James Harvey under the employee protection provision of the Clean Air Act is hereby
DISMISSED.