DATE:  October 13, 1993

CASE NO.:   93-STA-36

In the Matter of


ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
          Prosecuting Party

    and

JERRY J. BENNETT,
          Complainant

    v.

SHERRY A. SOUTH
d/b/a SOUTH TRUCKING COMPANY,
          Respondent.


       RECOMMENDED DECISION AND ORDER APPROVING STIPULATIONS AND 
                JOINT MOTION TO DISMISS WITH PREJUDICE


    This is a proceeding under the provisions of Section 405 of
the Surface Transportation Assistance Act of 1982  (STAA or the
"ACT") 49 U.S.C. 2305, which provides protection to employees in
the trucking industry from discrimination on account of activity
related to commercial motor vehicle safety.
     A hearing was scheduled for October 19, 1993, in Tupelo,
Mississippi.  On October 12, 1993, the parties filed a pleading 
styled "Stipulation and Joint Motion".  This pleading is
essentially a settlement.  It contains six stipulations and a
request that the proceeding be dismissed with prejudice.  The
agreement between the parties is incorporated herein by reference. 
It is recommended that the stipulations be approved.  It is further
recommended that the motion to dismiss with prejudice be granted.

                               DANIEL A. SARNO, JR.
                              Administrative Law Judge