DATE: April 30, 1992
CASE NO. 92-STA-0006

IN THE MATTER OF

DENNIS R. SHOWN,

          COMPLAINANT,

     v.

WILSON TRUCK CORPORATION,

          RESPONDENT.


BEFORE: THE SECRETARY OF LABOR


                         FINAL DECISION AND ORDER

     On April 1, 1992, the Administrative Law Judge (ALJ) issued
a Recommended Order of Dismissal (R.O.) in this case under the
Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C.
app. § 2305 (1988).  Pursuant to the regulations which
implement the STAA, the ALJ's R.O. is now before me for review. 
See 29 C.F.R. § 1978.109(a) and (c) (1991).
     Complainant filed objections to the Assistant Secretary's
preliminary findings and order that his complaint lacked merit.
29 C.F.R. §§ 1978.103-1978.105.  Thereafter, on March
17, 1992, Complainant filed with the ALJ a letter withdrawing his
"complaint."  The regulations provide that if a party files a
written withdrawal of his objections, "[t]he judge or the
Secretary, as the case may be, shall affirm any portion of the
findings or preliminary order with respect to which the objection
was withdrawn."  29 C.F.R. § 1978.111(c).  I treat
Complainant's letter as constituting withdrawal of his
objections, See Snow v. TNT Red Star Express, Inc.,
91-STA-44, Sec. Final Dec. and Order, Mar. 13, 1992, slip op. at
2-3.  Accordingly, the December 3, 1991, Secretary's Findings
issued by R. Davis Layne, Regional Administrator of the
Occupational Safety and Health
[PAGE 2]
Administration, finding that Respondent's discharge of
Complainant was not a violation of Section 405 of the Act, are
hereby affirmed and reinstated.[1]  The complaint, therefore, is
DENIED.
     SO ORDERED.
                              LYNN MARTIN
                              Secretary of Labor
Washington, D.C.


[ENDNOTES]
           
[1]   By failing to affirm these preliminary findings, by which
the ALJ's order of dismissal would have become the final
administrative order in the case, the ALJ did not proceed in
accordance with section 1978.111(c).  In the interest of
administrative efficiency, I treat Complainant's withdrawal as
occurring before me.  Creech v. Salem Carriers Inc., Case
No. 88-STA-00029, Sec. Final Dec. and Order, Sept. 27, 1988, slip
op. at 2; Charles W. Underwood v. Blue Springs Hatchery,
Case No. 87-STA-21, Sec. Order to Show Cause, Sept. 23, 1987, at
2.