DATE:  March 2, 1994
CASE No.  94-STA-8


IN THE MATTER OF:

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH
     Prosecuting Party

        and

GEORGE R. HOLMES
     Complainant

        against

SERENITY EXPRESS, INC. AND
MARK OSGOOD
     Respondents


APPEARANCES:

Kevin E. Sullivan, Esq.
     For the Prosecuting Party and Complainant

Paul O. Dillon, Esq.
     For the Respondents


BEFORE:  DAVID W. DI NARDI
         Administrative Law Judge


                  FINAL ORDER APPROVING SETTLEMENT
                      AND DISMISSING COMPLAINT


     This case arises under Section 405 of the Surface
Transportation Assistance Act (hereinafter referred to as the
"Act"), 49 U.S.C. §2305.  Complainant, George R. Holmes of
Hampden, 
[PAGE 2]
Maine filed a complaint under the Act, alleging that his employer,
Serenity Express, Inc. ("Employer" or "Respondent") discharged him
in violation of the Act.  (ALJ EX 1)
     A hearing in the matter was duly scheduled by a Notice of
Hearing and Pre-Hearing Order issued on December 11, 1993 and
the parties  advised this Administrative  Law Judge that the matter
had been voluntarily resolved and that there would be no need for a
hearing.  The parties were given an extension of time to file the
settlement proposal.  The parties filed on February 17, 1994 the
appropriate Settlement Agreement and such document is
admitted as a joint exhibit, JX 1, the terms of which are as
follows:
     George Holmes, for and in consideration of the sum of
$5,500.00 paid to him by Respondents, hereby agrees to release and
forever discharge Respondents, their officers, agents, employees
and officials from any and all claims of discrimination, wrongful
discharge and violations of the Surface Transportation Assistance
Act, which claims were raised or which could have been raised in an
administrative proceeding captioned In The Matter of: George
Holmes v. Serenity Express, Inc. and Mark Osgood, Case No. 94-
STA-8.
     George Holmes hereby waives all rights he may have to
reinstatement.
     Respondents agree to comply with the Surface Transportation
Assistance Act in all respects in the future.
     Respondents further agree to purge George Holmes'
employment/personnel file of any adverse references that, in any
manner, relate to or arise from this instant matter and to refrain
from making adverse oral references respecting his employment.
     Respondents' consent to the entry of this Settlement Agreement
shall not constitute an admission by Respondents of violations of
the Surface Transportation Assistance Act in any proceedings other
than proceedings brought directly under the provisions of the Act.
     This Administrative Law Judge, having reviewed the pleadings
filed thus far by the parties, finds and concludes that the
Settlement Agreement is a fair, reasonable and appropriate
resolution of the matter, that said agreement shall be, and the
same hereby, is APPROVED and that the complaint filed herein
shall 
[PAGE 3]
be, and the same hereby, is DISMISSED, pursuant to 29 C.F.R.
§1978.III(d)(2)(1992); see Cook v. Newlins Transfer,
Inc., Case No. 93-STA-10 (Notice of Case Closing) (OAA,
Vol. 7, No. 3, p. 134).

                                   DAVID W. DI NARDI
                                   Administrative Law Judge