CASE NO.:  94-STA-32

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

PATRICK SPINETTO
          Complainant,

               v.

U-HAUL CO. OF MASSACHUSETTS and
 GARY LARIVEE, PRESIDENT 
          Respondents


     ORDER APPROVING SETTLEMENT AGREEMENT

     This case arises under the employee protection provisions of
the Surface Transportation Assistance Act. (hereafter "the Act"),
49 U.S.C. 2301 et seq.  By way of a Notice of Hearing and
Pre-Hearing Order issued on October 31, 1994, this case was
scheduled to be heard commencing on January 23, 1995 in Boston,
Massachusetts.
     Prior to the scheduled hearing date, the parties advised the
undersigned that a settlement agreement had been reached. 
Subsequently, on January 13, 1995, I received a Joint Motion to
Approve Settlement Agreement and Settlement Agreement (copies
attached).  The settlement documents incorporate the understanding
of the parties as to the basis for settlement.  The Joint Motion
and the Settlement Agreement are signed by Kevin Sullivan, Esq.,
counsel for the Solicitor, of the Department of Labor, and John A.
Lorentz, the authorized representative and Gary Larivee, President
of U-Haul Co. of Massachusetts (hereinafter the "Respondents").
[PAGE 2]
     Initially, I note that the agreement encompasses the
settlement of all matters arising under the Act.  For my purposes
here, I limit my review of this agreement to determine whether its
terms are a fair, adequate and reasonable settlement of Patrick E.
Spinetto's complaints concerning violations of the Act.
     The agreement provides that Patrick Spinetto will receive
payment of a specified sum from the Respondents, and waive any
right to seek or receive reinstatement in return for his release of
any and all claims under Section 405 of the Act.  The Respondents
also agree to comply with all provisions of the Act, to purge
Patrick Spinetto's employment personnel file of any reference to
this matter, and to refrain from any adverse written or oral
references to any prospective employer.
     I find the agreement to be fair, adequate and reasonable, and
I believe it is in the public interest to adopt the agreement as a
basis for the administrative disposition of this case.
     Therefore, pursuant to 29 CFR §1978.111 (d)(2), the
Settlement Agreement is approved and the Notice of Hearing is
withdrawn.

                                    JOEL F. GARDINER
                                   Administrative Law Judge