DATE:  November 20, 1995
CASE NO. 94-CAA-0004


IN THE MATTER OF

RICHARD HOFFMAN,

          COMPLAINANT,

     v.

W. MAX BOSSERT,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                    ORDER DENYING APPLICATION FOR STAY

     On September 19, 1995, the Secretary issued a Decision and
Remand Order in this case, finding that Respondent W. Max Bossert
("Bossert") violated the employee protection provisions of the
Clean Air Act, 42 U.S.C. § 7622 (1988), and the
Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. § 9610 (1988).  The Secretary ordered Bossert
to reinstate Complainant Richard Hoffman and remanded the
complaint to the Administrative Law Judge for calculation of the
amount of back pay, costs, and attorney's fees to which Hoffman
is entitled.   Citing efficiency and judicial economy, Bossert
seeks an administrative stay of the Remand Order pending judicial
review in the United States Court of Appeals for the Third
Circuit.  Bossert has not alleged or shown that he is likely to
prevail in his appeal, that he will suffer irreparable injury if
not granted a stay, or that the public interest is at stake. 
See Virginia Petroleum Jobbers Assn v. Federal Power
Comm'n, 259 F.2d 921, 925 (D.C. Cir. 1958) (setting forth
standards for granting a judicial stay); see also
Commonwealth-Lord Joint Venture v. Donovan, 724 F.2d 67, 68
(7th Cir. 1983) (standard for deciding stay of 
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administrative action is the same as for stays in district court
actions).  Bossert has not met the criteria for establishing
entitlement to a stay.  Accordingly, the application for stay is
DENIED.
     SO ORDERED.



                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.