Date:     January 27, l994
Case No.  94-STA-13

In the Matter of

DANIEL C. SCHMITT
          Complainant

     v.

LEND LEASE TRUCKS, INC.
          Respondent


RECOMMENDED ORDER OF DISMISSAL

      This action arises under the employee protection provisions of
the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.
2305, and the implementing regulations of the Secretary of Labor
published at 29 C.F.R. Part 1978.
     After investigation of the complaint filed by Daniel C.
Schmitt, the Acting Regional Administrator, Occupational Safety and
Health Administration, U. S. Department of Labor, issued
Secretary's findings in which she found that the Complainant was
terminated for a legitimate, non-discriminatory business reason and
that Complainant's termination on May 25, 1993, was not in
violation of Section 405 of STAA.  The Complainant wrote a letter
filed December 8, 1993, objecting to the Secretary's findings and
the matter was transferred to the Office of Administrative Law
Judges for hearing.  On December 15, 1992, a Notice of Hearing and
Prehearing Order was issued scheduling a hearing on January 19,
1993, in Cincinnati, Ohio, and directing the parties to file
certain information on or before January 12, 1993.  The Prehearing
Order provided that failure to comply with the Order, without good
cause, may result in the dismissal of the proceeding.  The
Complainant failed to respond to the Prehearing Order and on
January 13, 1993, a Show Cause Order was issued cancelling the
hearing and directing the Complainant to show cause on or before
January 24, 1993, why his complaint should not be dismissed due to
his failure to respond to the Prehearing order.  The Complainant
has failed to respond to the Show Cause Order.
[PAGE 2]
     It is therefore,
     ORDERED the complaint of Daniel C. Schmitt be considered
abandoned and his request for hearing be dismissed.  29 C.F.R.
§§18.39(b), 1978.106(a).  It is further,
     ORDERED that the preliminary findings and order issued by
Karen L. Mann, Acting Regional Administrator, on November 16, 1993,
be entered as the final administrative order.


                              Robert L. Hillyard
                              Administrative Law Judge