DOL Home > OALJ > Whistleblower > Maternowski v. I.W.S. Industries, Inc., 95-ERA-22 (Sec'y May 31, 1995) |
DATE: May 31, 1995 CASE NO. 95-ERA-0022 IN THE MATTER OF CHERYL R. MATERNOWSKI, COMPLAINANT, v. I.E.S. INDUSTRIES, INC., RESPONDENT. BEFORE: THE SECRETARY OF LABOR ORDER OF DISMISSAL Before me for review is a Recommended Decision and Order Dismissing Claim With Prejudice issued by the Administrative Law Judge (ALJ) in this case, which arises under the employee protection provisions of the Energy Reorganization Act of 1974 (ERA), as amended, 42 U.S.C. § 5851 (1988). Prior to a hearing, the Complainant moved to dismiss this matter with prejudice and stated that the motion was not made pursuant to a settlement as there was not and would not be a settlement in this matter. Based on Complainant's motion, the ALJ recommended this case be dismissed and I concur. Voluntary dismissals of ERA complaints are governed by Rule 41 of the Federal Rules of Civil Procedure. See Nolder v. Kaiser Egineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28, 1985, slip op. at 6-8. The ALJ's Recommendation is accepted and this case is dismissed with prejudice. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.