DATE:     October 30, 1995
     CASE NO.: 95-STA-00040
     
     In the Matter of:
     
     THURMAN WEBSTER
     
               Complainant
     
          v.
     
     YELLOW FREIGHT SYSTEM, INC.
     
               Respondent
     
     BEFORE:   Richard E. Huddleston
               Administrative Law Judge
     
                         ORDER OF DISMISSAL 
     
          The above action arises under the Surface
     Transportation Assistance Act of 1982 (STAA) (49 U.S.C. 
     §  31101, et seq.), and the implementing
     regulations at 29 C.F.R.  §  1978, upon a
     complaint filed by Thurman Webster.  A formal hearing
     was scheduled for October 24, 1995, in Cincinnati,
     Ohio.
     
          By letter dated October 20, 1995, Counsel for the
     Employer has requested that the hearing in this matter
     be continued to allow the Complainant time to file his
     request to withdraw complaint.  Subsequently, on
     October 23, 1995, Counsel for the Complainant submitted
     a request from the Complainant dated October 10, 1995,
     that his objections be withdrawn and the case
     dismissed. 
     
          Accordingly, I adopt, and append hereto, the
     Secretary's Findings, issued by Michael G. Connors,
     Regional Administrator, U.S. Department of Labor,
     Occupational Safety and Health Administration, on July
     24, 1995, finding that Respondent, Yellow Freight
     System, Inc., did not violate Section 31105 of the STAA
     by issuing a letter of warning for unauthorized
     altering of company equipment. 
     
          Additionally, it is ORDERED that the hearing 
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     scheduled for October 24, 1995, in Cincinnati, Ohio, is hereby
     cancelled.
     
          Issued this the 30th day of October, 1995, at
     Cincinnati, Ohio. 
     
     
                                   Richard E. Huddleston
                                   Administrative Law Judge