DATE: February 21, 1996
CASE NO. 95-STA-28


IN THE MATTER OF

RAY TANGUAY,

          COMPLAINANT, 

     v. 

WESTSIDE TRANSPORT, INC.,

          RESPONDENT.


BEFORE: THE SECRETARY OF LABOR


                  ORDER AWARDING EXPENSES

     Complainant Ray Tanguay (Tanguay) prevailed in the above cited case, and I allowed
him to submit a petition for fees and expenses incurred in conjunction with the bringing of his
complaint.  On December 4, 1995 I received his request for expenses incurred.  Upon
consideration of the information received, Respondent Westside Transport, Inc. (Westside) is
hereby ordered to pay the following:

Phone calls                                                                                               $45.00

Vehicle Mileage: Soquel, Ca.
to Monterrey, Ca.
80 miles round trip @ $.30 per mile                                                        $24.00

TOTAL                                                                                                    $69.00[1]
[PAGE 2]

     After the issuance of my Final Decision and Order (F.D. and O.) on November 22, 1995,
Tanguay requested a recalculation of the backpay amount indicated in the Administrative Law
Judge's (ALJ) Recommended Decision and Order.  Tanguay was given sufficient to time submit
information regarding the recalculation of his backpay.  However, such information was not
received before I issued my F.D. and O.  Tanguay has included a request for recalculation of
backpay in his petition for for fees and expenses.  I have concluded that this information, in
addition to being untimely, does not indicate that Tanguay should receive backpay in excess of
the amount calculated by the ALJ.

     Additionally, it has come to my attention that Westside has sent a check to Tanguay in an
amount to satisfy the backpay award but that said amount does not include the interest on the
amount awarded.  Pursuant to 26 U.S.C. § 6621, interest accrues until such time as the
backpay amount is paid.  I therefore remind Westside that, assuming it has not already done so, it
is required to remit to Tanguay the amount of interest as calculated from the date of Tanguay's
firing to the date that the backpay award was received by Tanguay.

     SO ORDERED.



                         ROBERT B. REICH
                         Secretary of Labor

Washington, D.C.


[ENDNOTES]
         
[1]   I cannot require Respondent to pay backpay for the expesnes incurred in Complainant's trip
from Soquel, Ca. to Los Banos, Ca. for a court hearing on the citation he received on July 29,
1994.  The load spillage that occurred on that date is not relevant to this case.