DATE:  June 4, 1993
CASE NO. 91-STA-45


IN THE MATTER OF

WILLIE W. SMITH,

          COMPLAINANT,

     v.

YELLOW FREIGHT SYSTEM, INC.

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     Before me for review is the Final Recommended Decision and
Order issued on February 24, 1993, by the Chief Administrative
Law Judge (ALJ) in this case, arising under Section 405 (employee
protection provision) of the Surface Transportation Assistance
Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988), and its
implementing regulations, 29 C.F.R. Part 1978 (1992).
     On March 10, 1993, I issued a Decision and Order in this
case upholding the ALJ's finding of unlawful discrimination and
ordering Respondent to offer Complainant reinstatement. 
Remaining for resolution is the extent of Complainant's damages. 
The parties now have stipulated the damages incurred by
Complainant as the result of Respondent's unlawful
discrimination.  The ALJ subsequently incorporated the
stipulation in his final recommendation, which I hereby adopt 
and append.
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor


Washington, D.C.