DOL Home > OALJ > Whistleblower > Platt v. Raytheon Constructors, Inc., 95-ERA-23 (ALJ Oct. 2, 1995) |
DATE: October 2, 1995 CASE NO. 95-ERA-23 In the Matter of ROBERT L. PLATT Complainant v. RAYTHEON CONSTRUCTORS, INC./UE&C - CATALYTIC INC.; DETROIT EDISON; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 8 Respondents BEFORE: RUDOLF L. JANSEN Administrative Law Judge RECOMMENDED ORDER OF DISMISSAL This case arises under the provisions of the Energy Reorga- nization Act of 1974, 42 U.S.C. § 58.51 and the applicable regulations which are found at 29 C.F.R. Part 24. The case was initiated as the result of an appeal taken by the complainant from an adverse ruling made by the U.S. Department of Labor. On August 24, 1995, R. Kevin Greenfield, counsel for com- plainant, filed a statement indicating that the complainant desired to dismiss his appeal in this case. The request letter indicates that Mr. Platt prefers to pursue his whistleblower complaint under the laws of the state of Michigan. On August 25, 1995, I issued an Order directing the parties to submit a Stipu- lation of Dismissal signed by all parties who have appeared in this action as provided under Fed. R. Civ. P. 41(a)(1)(ii). On September 25, 1995, a Notice of Voluntary Dismissal by Stipu- lation was submitted by complainant's counsel. The Notice was signed by counsel for each of the respondents and also by the
[PAGE 2] complainant himself. I accept the Notice of Voluntary Dismissal by Stipulation as being a request by Mr. Platt to withdraw his complaint in this case. The 29 C.F.R. Part 24 regulations providing the procedures for the handling of an Energy Reorganization Act of 1974 com- plaint provide no guidance as to the processing of a withdrawal request under these circumstances. The same is true with respect to the Rules of Practice and Procedure for Administrative Hear- ings before judges in this office. 29 C.F.R. Part 18. There- fore, the Rules of Civil Procedure for the District Courts of the United States are to be applied. 29 C.F.R. § 18.1. Fed. R. Civ. P. 41(a)(1)(ii) provides for a voluntary dismissal based upon the filing of a Stipulation of Dismissal signed by all parties who have appeared in the action. The dismissal under these circumstances is without prejudice. The Notice of Voluntary Dismissal by Stipulation filed by the complainant and signed by counsel for all of the parties in this case complies in all respects with Fed. R. Civ. P. 41(a)(1)(ii). Based upon the request of the complainant, IT IS RECOMMENDED to the Secretary of Labor that the voluntary dismissal request of Robert H. Platt be accepted. The request for dismissal made by the complainant involves no settlement agreement between the parties. ________________________ Rudolf L. Jansen Administrative Law Judge NOTICE: This Recommended Order and the administrative file in this matter will be forwarded for review by the Secretary of Labor to the Office of Administrative Appeals, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Ave., NW, Washington, DC 20210. The Office of Administrative Appeals has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).