In The Matter Of:                       CASE NO. 94-STA-1

LESZEK VOGT,                            DATE: June 24, 1996

          COMPLAINANT,

     v.

ATLAS TOURS, LTD.,

          RESPONDENT.


BEFORE:   THE ADMINISTRATIVE REVIEW BOARD[1] 


                         FINAL DECISION AND ORDER
     This case arises under the employee protection provision of
the Surface Transportation Assistance Act of 1982 (STAA), 49
U.S.C. § 31105 (West 1995).  Complainant, Leszek Vogt,
alleges that Respondent, Atlas Tours, Ltd., violated the STAA
when it discharged him for refusing an assignment as a tour bus
driver.  In a decision issued on July 19, 1994, the Secretary of
Labor remanded this case to the Administrative Law Judge (ALJ)
for a hearing on the complaint.
     On remand, the ALJ found that the discharge did not violate
the STAA because Atlas' operations manager did not know, and
could not reasonably have known, when he fired Vogt that Vogt's
refusal of the dispatch was protected activity.  Rec. Dec. on
Remand at 5.  The ALJ's findings of fact are supported by
substantial evidence on the record as a whole and therefore are
conclusive.  29 C.F.R. § 1978.109(c)(3)(1995).  The ALJ's
decision is also well reasoned and correct on the law. 
Therefore, we adopt the attached Recommended Decision and Order
on Remand, and this complaint is DISMISSED.
     SO ORDERED.





[PAGE 2]
                              ________________________
                              DAVID A. O'BRIEN
                              Chair




                              ________________________
                              KARL J. SANDSTROM
                              Member    




                              ________________________
                              JOYCE D. MILLER
                              Alternate Member




[ENDNOTES]
           
[1]  On April 17, 1996, a Secretary's Order was signed delegating
jurisdiction to issue final agency decisions under this statute
to the newly created Administrative Review Board.  61. Fed. Reg.
19978 (May 3, 1996) (copy appended).

   Secretary's Order 2-96 contains a comprehensive list of the
statutes, executive order, and regulations under which the
Administrative Review Board now issues final agency decisions.  A
copy of the final procedural revisions to the regulations (61
Fed. Reg. 19982), implementing this reorganization is also
attached.  The entire record in this case, including the
Secretary's earlier decision, was reviewed by the Board.