DOL Home > OALJ > Whistleblower > Ross v. Northeast Nuclear Energy Co., 95-ERA-25 (Sec'y June 9, 1995) |
DATE: June 9, 1995 CASE NOS. 95-ERA-25 95-ERA-27 IN THE MATTER OF ANTHONY J. ROSS, COMPLAINANT, v. NORTHEAST NUCLEAR ENERGY COMPANY, RESPONDENT. BEFORE: THE SECRETARY OF LABOR FINAL DECISION AND ORDER The captioned cases, arising under the employee protection provision of the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C.A. § 5851 (West 1994), are hereby consolidated for decision. On January 18 and 26, 1995, Complainant filed complaints of unlawful discrimination in these cases, which the Assistant Secretary for Occupational Safety and Health found did not meet the requisite showing to merit investigation. Complainant objected to these findings and requested a hearing. The cases were assigned to an Administrative Law Judge (ALJ). Complainant thereafter notified the ALJ that, with reference to Case Nos. 95-ERA-25/27, "[t]he Complainant is hereby withdrawing the above mentioned case(s)." The ALJ has recommended that the cases be dismissed. As the ALJ recognized, 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. Accordingly, I
[PAGE 2] adopt the ALJ's May 2, 1995, Recommended Orders of Dismissal. The captioned cases ARE DISMISSED. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.