Dysert v. Florida Power & Light Co., 92-ERA-26 (Sec'y June 28, 1993)

USDOL/OALJ Reporter
Dysert v. Florida Power & Light Co., 92-ERA-26 (Sec'y June 28, 1993)

DATE:  June 28, 1993
CASE NO. 92-ERA-26


IN THE MATTER OF

TERRY G. DYSERT,

          COMPLAINANT,

     v.

FLORIDA POWER & LIGHT COMPANY
AND WESTINGHOUSE ELECTRIC CORPORATION,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     This case is before me for review of the Recommended
Decision and Order Approving Stipulation of Dismissal with
Prejudice of the Administrative Law Judge (ALJ) in this case
under the employee protection provision of the Energy
Reorganization Act of 1974, as amended (ERA), 42 U.S.C. §
5851 (1988).  The ALJ recommends approving the stipulation of
dismissal with prejudice.  It appears that the stipulation meets
the terms of Rule 41(a)(1)(ii) of the Federal Rules of Civil
Procedure, which the Secretary has held applicable in these
circumstances.  Scott v. American Protective Services,
Inc., Case No. 89-ERA-35, Sec. Order, April 26, 1990, slip
op. at 2-3; Nolder v. Raymond Kaiser Engineers, Inc., Case
No. 84-ERA-5, Sec. Order June 28, 1985, slip op. at 6-7.  Accordingly,
the complaint in this case is DISMISSED with prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor


Washington, D.C.

UNITED STATES
DEPARTMENT OF LABOR

Office of Administrative Law Judges