DATE: November 3, 1993

CASE NO.:  93-STA-40

IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,

          Prosecuting Party,

     and

ROBERT LEE,

          Complainant,

     v.

WESTERN COMMERCIAL TRANSPORT,

          Respondent

      DECISION AND ORDER APPROVING SETTLEMENT 
AGREEMENT

     This case arose under Section 405 of the Surface
Transportation Assistance Act of 1982, 49 U.S.C. § 
2301 et seq.

                             Background
     Complainant, Robert Lee, filed a complaint with the Secretary
of Labor alleging that the respondent, Western Commercial
Transport, Incorporated, discriminatorily terminated complainant
for refusing to deliver a load.
     Complainant refused to drive tractor number 9575 because the
fifth wheel on the tractor was badly worn, there were air leaks on 
[PAGE 2]
the tractor that needed fixing, and the spring catches on the hood
were broken.  Complainant also refused to drive tractor number 3218
because the glad hand was nearly broken off, and he refused to use
trailer number 169 because the right back hub had a grease seal
that leaked on the hub, wheel, tire and brakes.  Complainant was
then discharged for refusing to drive tractor number 9575.
     Following investigation of the complaint by duly authorized
investigators, the Regional Administrator for the Occupational
Safety and Health Administration for Region VII, the duly
authorized agent of the Secretary, it was determined that Western
Commercial Transport's conduct violated Section 405 of the Surface
Transportation Assistance Act.  Western Commercial Transport,
Incorporated filed a request for a hearing.
                         Agreed Settlement
     The case was set for hearing in Wichita, Kansas, on October
13, 1993.  However, prior to the hearing, the parties reached a
basis of settlement, a copy of which is attached hereto and
incorporated herein.
     Having found the settlement agreement to be fair and equitable
and in the public interest, it is hereby approved.
     Accordingly, it is hereby ORDERED that the Respondent, Western
Commercial Transport, Incorporated shall:

     1.   Pay Robert Lee a total sum of $5,000.00 on or before
          October 15, 1993 and

     2.   Respond to any future requests for reference by giving no
          reference, good or bad, and will merely acknowledge that
          Robert Lee was employed for seven weeks and left for
          personal reasons.

     Entered on this 3rd  day of November, 1993, at Long
Beach, California.

                                   DANIEL L. STEWART   
                                   Administrative Law Judge