DATE:  March 11, 1994
CASE NO. 93-STA-36


IN THE MATTER OF

ASSISTANT SECRETARY FOR OCCUPATIONAL
SAFETY AND HEALTH,

          PROSECUTING PARTY,

     AND

JERRY J. BENNETT,

          COMPLAINANT,

     v.

SHERRY A. SOUTH
D/B/A SOUTH TRUCKING COMPANY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                          NOTICE OF CASE CLOSING

     This case arises under Section 405, the employee protection
provision, of the Surface Transportation Assistance Act of 1982
(STAA), 49 U.S.C. app. § 2305 (1988).  The parties submitted
a Stipulation and Joint Motion to dismiss the complaint with
prejudice.  The Administrative Law Judge (ALJ) recommended
approval of the stipulations and granting of the motion to
dismiss with prejudice in an October 13, 1993, "Recommended
Decision and Order Approving Stipulations and Joint Motion to
Dismiss with Prejudice." [1] 
     Either the ALJ or the Secretary has authority to approve
settlement of a STAA complaint.  29 C.F.R. § 1978.111(d)(2). 
This notice is to advise the parties that the case is closed 
[PAGE 2]
pursuant to the ALJ's decision and order approving stipulations
and granting the joint motion to dismiss with prejudice.
     SO ORDERED.

                              For the Secretary of Labor

                              GRESHAM C. SMITH
                              Acting Director, Office of
                                Administrative Appeals [2] 

Washington, D.C.


[ENDNOTES]
           
[1]  The ALJ's decision did not reach the Office of
Administrative Appeals until February 23, 1994.

[2]  This notice is issued pursuant to Secretary's Order 3-90, 55
Fed. Reg. 13,250 (April 9, 1990) (copy appended).