U.S. DEPARTMENT OF LABOR
                                    
                           SECRETARY OF LABOR
                          WASHINGTON, D.C.



DATE:     March 7, 1996
CASE NO.: 96-TSC-00001

IN THE MATTER OF

ANDREW CATANACH,
          COMPLAINANT

     v.

LOS ALAMOS NATIONAL LABORATORY/
THE UNIVERSITY OF CALIFORNIA,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal
issued by the Administrative Law Judge (ALJ) in this case, which
arises under the employee protection provisions of the Toxic
Substances Control Act (TSCA), 15 U.S.C. § 2633 (1988). 
Prior to a hearing, Complainant filed "Complainant's Notice of
Withdrawal Without Prejudice".  Subsequently, Respondent
submitted "Respondents' Acknowledgment of Complaint's (sic)
Notice of Withdrawal of Complaint Without Prejudice".  Based on
these submissions, the ALJ issued an order canceling the hearing
and recommending this case be dismissed without prejudice.

     Voluntary dismissals of TSCA complaints are governed by Rule
41 of the Federal Rules of Civil Procedure.  See Nolder
v. Kaiser Engineers, Inc., Case No 84-ERA-5, Sec. Dec., June
28, 1985, slip op. at 6-8; Blevins v. Tennessee Valley
Authority, Case No. 90-ERA-4, Sec. Dec., June 28, 1993, slip
op. at 2.

     Accordingly, the ALJ's recommendation is accepted and this
case is DISMISSED WITHOUT PREJUDICE.

     SO ORDERED.

                                   ROBERT B. REICH
                                   Secretary of Labor

Washington, D.C.