DATE:  January 24, 1994
CASE NO. 93-STA-40


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,

          PROCESCUTING PARTY,

     and

ROBERT LEE,

     v.

WESTERN COMMERCIAL TRANSPORT,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                     FINAL ORDER APPROVING SETTLEMENT 
                         AND DISMISSING COMPLAINT

     This case arises under Section 405 of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. §
2301 
et seq.  Before me for review is the Administrative
Law Judge's (ALJ's) [Recommended] Decision and Order Approving
Settlement Agreement dated November 3, 1993.
     A hearing had been scheduled on the matter of Complainant's
discriminatory termination complaint for October 13, 1993. 
However, prior to the hearing, the parties submitted a Settlement
Agreement in resolution of their dispute.  The ALJ found the
parties' agreement to be "fair and equitable and in the public 
[PAGE 2]
interest"; approved it and incorporated the agreement into his
decision and order.  Under the regulations which implement the
STAA, either an ALJ or the Secretary of Labor may approve a
settlelment agreement and dismiss a case.  29 C.F.R. 
§ 1978.111(d)(2) (1992); see Ratliff v. Airco
Gases, Case No. 93-STA-00005, Sec. Fin. Order Approving
Settlement Agreement, 
June 25, 1993, slip op. at 1.
     In this matter however, the [incorporated] Settlement
Agreement, at paragraph 3, contains a release, on Complainant's
part, aquiting and discharging the Respondent company "from any
and all claims, damages and causes of action of any kind
whatsoever arising from or in any way related to his employment
with WCT or the termination thereof."  By this language, the
agreement's release clause appears to envision and encompass the
settlement of matters arising under various laws other than the
STAA.  For the reasons set forth in Poulos v. Ambassador Fuel
Oil Co., Inc., Case No. 86-CAA-1, Sec. Ord. Nov. 2, 1987,
slip op. at 2, I have limited my review of the agreement to
determining whether its terms are a fair, adequate and reasonable
settlement of Complainant's allegation that Respondent violated
the STAA.  Upon review of the terms of the agreement, including
the release language referenced above, and the record in this
case, I findthe agreement to be fair, adequate and reasonable.  As explained
herein, I approve it.  Accordingly, the complaint is DISMISSED
with prejudice.
     SO ORDERED.




                              ______________________________
                              Secretary of Labor

Washington, D.C.