UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Wagerle v. Trustees of Univ. of Penn., 91-ERA-48 (Sec'y Mar. 9, 1992)

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DATE: March 9, 1992
CASE NO. 91-ERA-48


IN THE MATTER OF
L. CRAIG WAGERLE,
          COMPLAINANT,
v.


THE TRUSTEES OF THE UNIVIRSITY
OF PENNSYLVANIA,
RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                           FINAL ORDER OF DISMISSAL
                                       
      Before me for review is the Recommended Order of Dismissal
(R.O.D.) issued by the Administrative Law Judge (ALJ) on October 25,
1991, in this case arising under the employee protection provision of
the Energy Reorganization Act of 1974, as amended, 42 U.S.C.  5851
(1988).  The ALJ recommended that this case be dismissed with
prejudice pursuant to Fed. R. Clv. P. 41(a)(1)(ii), governing
voluntary dismissals by stipulation of the parties. The ALJ, in his
R.O.D., referred to documents submitted by the parties which
establish that both parties had stipulated to a dismissal with
prejudice, and that no settlement is involved in the case.
      Upon consideration, I agree that this case be, and it hereby
is, DISMISSED. Fed. R. Civ. P. 41(a) (1) (ii); Scott v. American
Protective Services. Inc., Case No. 89-ERA-35, Sec. Order, Apr.
26, 1990, slip op. at 2-3; Nunn v. Duke Power Co., Case No.
84-ERA-27, Sec. Order, Sep. 29, 1989, slip op. at 3-4.  In accordance
with the parties ' expressed intention, the dismissal is with
prejudice.

     SO ORDERED.
                          LYNN MARTIN
                          Secretary of Labor
                                   
                                   
                                   
Washington, D.C.