U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
ARB CASE NO. 98-142
ALJ CASE NO. 97-CER-0001
DATE: July 28, 1998
In the Matter of:
TAMMY ANN ANDERSON,
COMPLAINANT,
v.
DeKALB PLATING COMPANY,
INCORPORATED,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
FINAL ORDER OF DISMISSAL
In this case arising under the employee protection provision of the
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.
§9610
(1994), the Administrative Law Judge (ALJ) issued an Order Recommending Dismissal of
Complaint, dated January 27, 1998, and received by the Administrative Review Board on July
14,
1998. The ALJ's recommendation is based on Complainant's request to withdraw, which was
[Page 2]
made prior to any hearing. Respondent has not objected to Complainant's request to withdraw
the complaint.
The ALJ's recommendation to dismiss this case is consistent with prior
decisions of the Secretary and the Board, holding that voluntary dismissals of environmental
whistleblower cases are governed by Rule 41 of the Federal Rules of Civil Procedure. See
Seetharaman v. Massachusetts Water Resources Auth., ARB Case No. 98-021, ALJ Case
No.
97-CAA-17, Nov. 18, 1997; Lorenz v. Law Eng'g, Inc., Case No. 90-CAA-1, Sec. Order,
Mar. 12, 1991, slip op. at 3. However, in the absence of a request for dismissal with prejudice,
we
reject the ALJ's recommendation to dismiss the case with prejudice. See F. R. Civ. P.
41(a)(1)(i); Thompson v. U.S. Dept. of Labor, 885 F.2d 551, at 556, 557 (9th Cir. 1989).
Accordingly, the complaint in this case is DISMISSED without
prejudice.