DATE: February 14, 1992
CASE NO. 91-STA-40

IN THE MATTER OF

SHIRLEY AVERY,

          COMPLAINANT,

     v.

ROBERTS EXPRESS,

          RESPONDENT.


BEFORE: THE SECRETARY OF LABOR


                        ORDER APPROVING SETTLEMENT

     On October 23, 1991, the Administrative Law Judge (ALJ)
issued a Recommended Decision and Order (R.D. and O.) in this
case, which arises under the Surface Transportation Assistance
Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988).  The ALJ
found that Complainant established a violation of the STAA and
recommended that Complainant be awarded back wages.  He also
ordered the parties to file pleadings with respect to the precise
amount of back wages, as well as expenses, attorney fees, and
additional damages.
     Subsequently, the ALJ's R.D. and O., together with the
record was transmitted to the Secretary.  In order to clarify
the ALJ's order, a Notice was issued on October 31, 1991,
directing the parties to file the pleadings respecting the
damages issues with the ALJ and directing the ALJ to issue a
further recommended order to be reviewed simultaneously with the
previous R.D. and O.
     On December 20, 1991, the Regional Solicitor filed with the
ALJ a Consent Order and a Consent Motion and Order, which
resolved all issues of relief pending before the ALJ.  These
documents have now been submitted to me for review.

[PAGE 2]
     Under the regulations governing the settlement of STAA
cases, 29 C.F.R. § 1978.111(d) (1991), either the ALJ or the
Secretary may approve adjudicatory settlements reached by
participating parties.  Upon review of the Consent Order and
Consent Motion and Order I find that the terms of settlement are
fair, adequate, and reasonable and that their approval is
appropriate.
     Accordingly, the terms of the Consent Order and Consent
Motion and Order are approved and the case is DISMISSED.
     SO ORDERED.
                              LYNN MARTIN
                              Secretary of Labor
Washington, D.C.