Case No.:  94-STA-27

In the Matter of::

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND
HEALTH,            
        Prosecuting Party
                             
and

ADAM BIELSKI,
       Complainant

v.                 

THE BRICKYARD, INC. and
EDWARD CRONIN, 
      Respondents

ORDER OF REMAND

     The above-captioned case was forwarded to the undersigned on
March 17, 1994.  The case involves a complaint filed with the
Secretary of Labor by Adam Bielski ("Complainant"), against The
Brickyard, Inc. and Edward Cronin ("Respondents"), pursuant to
Section 405 of the Surface Transportation Assistance Act of 1982,
49 U.S.C. §2305 ("STAA").  The case was originally set for
hearing on April 4, 1994.  However, certain procedural issues were
raised prior to that hearing which prompted the issuance of an
Order of Continuance on March 30, 1994, and subsequently, an Order
to Show Cause, on April 12, 1994.
     The Order to Show Cause requested that the parties respond by
April 29, 1994, to the proposition that proper service and notice
and a meaningful opportunity to respond had not been afforded to
all the parties in this matter at all stages of the proceeding. 
The Order stated that, in absence of a showing of cause, the case
would be remanded to Occupational Safety and Health Administration
("OSHA") Regional Administrator John B. Miles so that any
procedural defects in the case could be remedied.
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     On April 25, 1994, Attorney Kevin E. Sullivan of the United
States Department of Labor, Office of the Solicitor, the
prosecuting party in whistleblower cases under the STAA, requested
that the case be remanded to the Regional Administrator so that the
Secretary's Findings could be served on all parties.  On April 28,
1994, Attorney John Bradley, counsel for The Brickyard, Inc. and
Helen Cronin, Edward Cronin's wife, sent a letter to the
undersigned indicating:  (1) who his clients are; (2) that the
April 12, 1994 Order was the first correspondence he has received
in this matter since filing his notice of appearance; and (3) that
any previous correspondence which may have been addressed to his
clients at their Millis or Providence addresses would have been
forwarded to the Federal Deposit Insurance Corporation, under
orders from the federal Bankruptcy Court.  In his letter, Attorney
Bradley did not specifically address the Order to Show Cause, nor
did he respond to Attorney Sullivan's remand request.
     On May 2, 1994, in a telephone conversation with a member of
my staff, Attorney Bradley indicated that he would submit a
response to both the Order to Show Cause and to Attorney Sullivan's
request for remand.  As of this date, Attorney Bradley has not so
responded.  Due to the expiration of the deadlines imposed in both
the Order and 29 C.F.R. §18.6(b), which requires
responses to motions within 10 days of service, no further waiting
period is required prior to the court's taking action in this
matter.
                          ORDER
     There being no sufficient showing of cause by any party, and
pursuant to the Solicitor's request, it is hereby ORDERED
 that this case be remanded to the office of OSHA Regional Administrator 
John B. Miles, so that proper service and notice and meaningful opportunity 
to respond can be afforded to the parties.
                                
                                     JOAN HUDDY ROSENZWEIG
                                     Administrative Law Judge