DATE: April 7, 1993
CASE NO. 92-STA-26

IN THE MATTER OF:

WILLIAM LORENZ,
     COMPLAINANT,

v.

H & J MANUFACTURING SERVICES,
     RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

                            DECISION AND ORDER

     Before me for review is the December 17, 1992, [Recommended]
Decision and Order (R. D. and 0.) of the Administrative Law Judge
(ALJ) in this case arising under Section 405, the employee
protection provision, of the Surface Transportation Assistance
Act of 1982 (STAA), 49 U.S.C. app. § 2305 (1988).  The ALJ
found that Complainant did not present sufficient evidence to
establish a prima facie case that he was discharged for engaging
in activity protected under the STAA.  R. D. and 0. at 8-9.
Although permitted by 29 C.F.R. § 1978.109(c) (1992),
neither party has filed a brief before me.
     With the corrections noted below, the findings of fact in
the ALJ's R. D. and 0. are supported by substantial evidence and
therefore are conclusive.  29 C.F.R. § 1978.l09(c)(3).[1]  
Similarly, the evidence supports the ALJ's determinations of
witness credibility, and he applied the correct burdens of
production and proof.  Therefore, I adopt the ALJ's decision,
which is appended.  Accordingly, the complaint is DISMISSED.

SO ORDERED.
ROBERT B. REICH
Secretary of Labor
Washington, D.C.



                               [ENDNOTES]

[1] On page 2 of the R. D. and 0., last full paragraph, line 9,
the reference to Defendant's Exhibit 86 is corrected to "Def. Ex.
2." On page 6, last full paragraph, lines 1-2, the number "two"
should be substituted for the number "three" and the reference to
the transcript should be "Tr. 179."