DATE:   June 17, 1993
CASE NO. 93-STA-12


IN THE MATTER OF

WARREN T. ROACH,

          COMPLAINANT,

     v.

FELTS ENTERPRISES, d/b/a,
CRESCENT WHOLESALE COMPANY,


          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                            DECISION AND ORDER

     Before me for review is the March 31, 1993, Recommended
Decision and Order 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 O.  at 4.  In the
alternative, the ALJ found that even if Complainant established a
prima facie case, Respondent rebutted it by demonstrating
convincingly that it discharged Complainant for a legitimate
business reason, excessive tardiness.  Id. at 5.
     Although permitted by 29 C.F.R. § 1978.109(c)(2)
(1991), the parties have not filed briefs before me.  I have
considered the entire record that was before the ALJ.
     The findings of fact in the ALJ's recommended decision are 
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supported by substantial evidence and therefore are conclusive. 
29 C.F.R. § 1978.109(c)(3).  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.