DATE:  December 7, 1993
CASE NO. 92-STA-4


IN THE MATTER OF

DANIEL J. GREEN,

          COMPLAINANT,

     v.

CREECH BROTHERS TRUCKING,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                              ORDER OF REMAND

     This case arises 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 December 9, 1992, the Secretary of Labor issued a
Decision and Order in this case upholding Complainant's complaint
but noting his claim that he was denied due process at the
administrative hearing before the Administrative Law Judge (ALJ)
due to the abbreviated nature of the proceeding.  Respondent now
joins Complainant in claiming a denial of due process at the
hearing and requests, inter alia, that the case be remanded to
the ALJ.  The Assistant Secretary for Occupational Safety and
Health has responded that a remand is appropriate in these
circumstances.
     Accordingly, the Secretary's December 9, 1992,  Decision and
Order IS VACATED.  This case IS REMANDED to the ALJ for further
proceedings.  On remand, Complainant shall be accorded an
opportunity to present any further proof in support of his
complaint, and Respondent shall be accorded an opportunity to 
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offer further proof in its defense.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.