DATE:  November 21, 1994
CASE NO. 94-STA-23


IN THE MATTER OF

WAYNE S. ANDREWS,

          COMPLAINANT,

     v.

DON KEITH TRANSPORTATION,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            DECISION AND ORDER

     The Administrative Law Judge (ALJ) has issued a
[Recommended] Order of Dismissal (R.O.D.) in this case arising
under the employee protection provision of the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app.
§ 2305 (1988).  Complainant Wayne Andrews contends that
Respondent violated the STAA when it discharged him shortly after
Andrews spoke with a Department of Labor investigator concerning
the STAA complaint of another employee.  The ALJ found that
Andrews established a prima facie case of a STAA violation, that
Respondent articulated a legitimate, work related reason for the
discharge, and that Complainant did not persuade that the
legitimate reason Respondent provided was a pretext for
discrimination or that Respondent fired him for reasons
prohibited under the STAA.  
     The ALJ's findings of fact, R.O.D. at 2-4, are supported by
substantial evidence on the record taken as a whole, and 
[PAGE 2]
therefore are conclusive.  29 C.F.R. § 1978.109(c)(3)
(1993).  The appended ALJ's decision is well written and
correctly applies the law to the facts, and I adopt it. 
Accordingly, the complaint is DISMISSED.
     SO ORDERED.

                                   ROBERT B. REICH
                                   Secretary of Labor

Washington, D.C.