DOL Home > OALJ > Whistleblower > Wade v. Burns International Security Services, 95-ERA-28 (Sec'y June 29, 1995) |
DATE: June 29, 1995 CASE NO. 95-ERA-28 IN THE MATTER OF EDI WADE, COMPLAINANT, v. BURNS INTERNATIONAL SECURITY SERVICES, and CLANCY AND THEYS CONSTRUCTION COMPANY, and CAROLINA LIGHT AND POWER COMPANY, 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) 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 without prejudice and Respondents replied they do not object to dismissal of the complaint without prejudice. 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
[PAGE 2] Engineers, Inc. Case No 84-ERA-5, Sec. Dec., June 28, 1985, slip op. at 6-8. In pertinent part, Rule 41 states: [A] action may be dismissed by the [Complainant] . . . (i) by filing a notice of dismissal at any time before service by the adverse party of an answer . . . Unless otherwise stated in the notice of dismissal . . ., the dismissal is without prejudice. Fed. R. Civ. P. 41(a)(1)(i). The ALJ's Recommendation is accepted and this case is dismissed without prejudice. SO ORDERED. ROBERT B. REICH Secretary of Labor Washington, D.C.