DATED:  June 29, 1994
CASE NO.: 94-STA-00015
In the Matter of

MICHAEL CAPPELLUCCI
          Complainant
     v.
WHALECO OIL CO.
          Respondent     

Appearances:

Kenneth H. Soble, Esq.
     For Complainant

Warren M. Davison, Esq.
     For Respondent 

Before:   Robert D. Kaplan
          Administrative Law Judge

                         RECOMMENDED ORDER
                        APPROVING SETTLEMENT    

     This proceeding was commenced under the Surface Transportation
Assistance Act of 1982 ("STAA"), 49 U.S.C. §2301, et
seq., based upon a complaint of discrimination filed on March
1, 1993 by Michael Cappellucci (the "Complainant") with the
Secretary of Labor (the "Secretary") alleging that Whaleco Oil Co.
(the "Respondent") violated Section 405(a) of STAA (49 U.S.C.
§ 2305).  Complainant alleged that Section 405(a) was violated
by the Respondent contra-vening a settlement agreement entered into
on July 27, 1992 and approved by the Occupational Safety and Health
Administration, 
[PAGE 2]
which settled the issues in prior Section 405 Complaint number 01-
0120-92-503. 
     The specific violation of the prior settlement agreement
alleged by the Complainant was that the Respondent failed to recall
him to work until March 1993.  The instant complaint was investi-
gated and found to have no merit by the Secretary, as set forth in
Secretary's Findings issued on December 13, 1993.  The Secretary
found the Complainant had failed to establish his allegation that
under the terms of the earlier settlement he should have been
recalled by the Respondent for employment in December 1992.
     On January 10, 1994 Complainant filed an objection to the
Secretary's Findings and requested a hearing before an administra-
tive law judge.  The case was assigned to me, and I scheduled a
hearing for May 24, 1994 in Boston, Massachusetts.  At the hearing
before me the parties reached a settlement of the matter, and
provided the following on-the-record description of the terms of
their settlement:

          1.  The Respondent forthwith shall pay the Complainant
              the sum of ,500.00.
          2.  The Complainant waives the right to be recalled to
              work by the Respondent.
          3.  By entering into this agreement the Respondent does
              not admit it has violated the STAA.
          4.  Both parties waive all rights to appeal this resolu-
              tion of the complaint in the instant case.

     I find that the terms of the parties' settlement agreement are
fair and should be approved.
                               ORDER
     The parties' settlement hereby is APPROVED.            
                                  ROBERT D. KAPLAN
[PAGE 3]
                                   Administrative Law Judge