DATE:  November 27, 1995
CASE NO. 95-STA-25


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,

          PROSECUTING PARTY,

     and

JACK M. LOWE,

          COMPLAINANT,

     v.

PENNY LEE TRUCKING, INC., 

          RESPONDENTS.


BEFORE:  THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     The Administrative Law Judge (ALJ) submitted a [Recommended]
Order of Dismissal (R. O. and D.) in this case arising under the
employee protection provision of the Surface Transportation
Assistance Act of 1982 (STAA), 49 U.S.C.A. § 31105 (West
1994), recommending that the complaint be dismissed.  The ALJ
found that the Assistant Secretary did not carry his burden of
proving that Penny Lee Trucking discharged Complainant Jack Lowe
for activity protected under the STAA.  The record in this case
has been thoroughly reviewed.  The findings of fact set out in
the R. O. and D. are supported by substantial evidence and I
adopt them.  29 C.F.R. § 1978.109(c)(3).   Further, the
ALJ's conclusions of 
[PAGE 2]
law are fully supported by  the applicable law and the record
evidence.  Accordingly, the R. O. and D. is accepted (copy
attached) and the complaint in this case is DENIED.  
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.