DATE:  April 3, 1995
CASE NO. 91-STA-28


IN THE MATTER OF

KENNETH LAND,

          COMPLAINANT,

     v.

CONSOLIDATED FREIGHTWAYS,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                 ORDER DENYING MOTION FOR RECONSIDERATION

     Respondent Consolidated Freightways has requested
reconsideration in this case, arising under the employee
protection provision of the Surface Transportation Assistance Act
of 1982 (STAA), 49 U.S.C.A. § 31105 (West 1994).  On May 6,
1992, the Secretary issued an Order of Remand, holding that
further proceedings before an Administrative Law Judge (ALJ) were
appropriate because Complainant had not been accorded a full and
fair opportunity to present his case.  I reject Respondent's
arguments that the Secretary's remand decision should be
reversed.  
     In reviewing the record, the Secretary examined the
transcript of hearing, hearing exhibits, and the parties'
filings, including a Statement filed by the pro se
Complainant.  The Secretary expressly made no factual findings,
but instead attempted to identify Complainant's essential
complaint.  The Secretary then determined that, "as the result of
the manner in which Complainant's testimony was elicited and
certain evidentiary rulings," Complainant had not been permitted
to develop his case before the ALJ.  Order of Remand at 6-7. 
Upon 
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review I agree that, in the interest of fairness, Complainant
should be permitted a further opportunity to state and offer
proof to substantiate his complaint.  Respondent may then
respond.  Id. at 8.  
     Additionally, I am not persuaded by Respondent's argument
that the Secretary improperly relied on Complainant's 
December 16, 1991, Statement in deciding to remand the case.  The
Secretary did not consider this filing in any evidentiary sense. 
Rather, she treated it as an articulation of Complainant's
allegations in attempting to discern whether he had been accorded
a full and fair opportunity to present his complaint. 
     I have carefully considered all other arguments advanced by
Respondent.  None persuades me to reverse the Secretary's
previous decision.  Accordingly, Respondent's Motion for
Reconsideration is denied.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.