DOL Home > OALJ > Whistleblower > Platt v. Raytheon Constructors, Inc., 95-ERA-23 (Sec'y Oct. 31, 1995) |
DATE: October 31, 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: THE SECRETARY OF LABOR ORDER OF DISMISSAL Before me for review is a Recommended Order of Dismissal issued by the Administrative Law Judge (ALJ) on October 2, 1995, 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 parties jointly submitted a fully executed Notice of Voluntary Dismissal by Stipulation. Based on the notice, 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 Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28, 1985, slip op. at 6-8; Avery v. B & W Commercial Nuclear Fuel Plant, Case No. 91-ERA-8, Sec. Ord. of Dis., October 21, 1991, slip op. at n.1. The ALJ's Recommendation is accepted and this case is dismissed. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.