Rullo v. Standard Chlorine of Delaware, 94-CAA-16 (ALJ Dec. 5, 1994)

USDOL/OALJ Reporter
Rullo v. Standard Chlorine of Delaware, 94-CAA-16 (ALJ Dec. 5, 1994)
DATE:  December 5, 1994

CASE NO: 94-CAA-16

In the Matter of

GARY G. RULLO,
          Complainant

     v.

STANDARD CHLORINE OF DELAWARE,
          Respondent



  ORDER CANCELLING HEARING AND RECOMMENDING DISMISSAL OF
COMPLAINT


 This matter was set for a hearing, to commence on December
6, 1994, under the employee protection provisions of the Clean
Air Act, 42 U.S.C. §§7401 et seq. (the
Act). I have received today a letter from the Complainant, dated
November 29, 1994, in which he confirmed, in effect, that he
wished to withdraw his complaint.

     A voluntary dismissal of a complaint under the Clean Air Act
is governed by Rule 41 of the Federal Rules of Civil Procedure. 
Rule 41 applies because there are no procedures for voluntary
dismissals in the Act, the implementing regulations, 29 C.F.R.
Part 24, or this Office's general rules of practice and
procedure, 29 C.F.R. Part 18. See e.g., Consolidated Edison
Co. of New York, Inc. 88-CAA-3 (Sec'y September 29,
1989).  Pursuant to Rule 41 (a)(1), a complainant is entitled to
a unilateral, unconditional dismissal without prejudice where, as
is the situation here, the respondent has not filed the
functional equivalent of an answer to the complaint or a motion
for summary judgement. Reece v. Detroit Edison, 92-ERA-1
(Sec'y Apr. 9, 1992)

     Accordingly, the scheduled hearing is cancelled and it is
recommended to the Secretary of Labor that the complaint be
dismissed without prejudice.




[PAGE 2]
                                   ____________________________
                                   JOEL R. WILLIAMS
                                   Administrative Law Judge




NOTICE:  This recommended Order and the Administrative file in
this matter will be forwarded for review by the Secretary of
Labor to the Office of Administrative Appeals, U.S. Department of
Labor, Room S-4309, Francis Perkins Building, 200 Constitution
Ave., N.W., Washington, D.C. 20210.  The Office of Administrative
Appeals has the responsibility to advise and assist the Secretary
in the preparation and issuance of final decisions in employee
protection cases adjudicated under the regulations at 29 C.F.R.
Parts 24 and 1978. See 55 Fed. Reg. 13250
(1990).
UNITED STATES
DEPARTMENT OF LABOR

Office of Administrative Law Judges
