DATE:  November 25, 1992
CASE NO. 92-STA-21


IN THE MATTER OF

WALTER C. STACK,

          COMPLAINANT,

     v.

PRESTON TRUCKING COMPANY, INC.,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                            ORDER TO SHOW CAUSE

     This case arises under the employee protection provision 
of the Surface Transportation Assistance Act of 1982 (STAA), 
49 U.S.C. app. § 2305 (1988).  The parties in the captioned
case have agreed to a settlement, which the Administrative Law
Judge has recommended be approved.  29 C.F.R. § 1978.111
(1992).  I have reviewed the terms of the settlement agreement
including the following provision:  
          Complainant agrees not to testify or serve as
          a consultant in any proceeding held under the
          auspices of any city, county, state or
          federal agency or court relating to an
          allegation of discrimination involving
          Preston [Trucking Company, Inc.], its parent
          or affiliates, or their directors, officers,
          employees or agents, except as required by
          law.  
Agreement at 2.  This provision apparently would preclude
Complainant from being "consulted" in regulatory proceedings,
e.g., by discrimination complainants or agency
investigators, and from testifying voluntarily.  I note that the
latter restriction 
[PAGE 2]
could operate as an absolute bar to providing testimony before
agencies without subpoena authority.  The effect of such a
provision would be to restrict channels of communication
essential to government regulation.  Cf. Macktal v.
Brown & Root, Inc., Case No. 86-ERA-23, Sec. Order, Nov. 14,
1989, slip op. at 10-13, rev'd on other grounds sub nom.
Macktal v. Secretary of Labor, 923 F.2d 1150 (5th Cir. 1991);
Polizzi v. Gibbs & Hill, Inc., Case No. 87-ERA-38, Sec.
Order, July 18, 1989, slip op. at 3-7.  All other provisions appear 
to be a fair, adequate and reasonable resolution of this STAA complaint.
     Accordingly, the parties are permitted a period of ten days
from receipt of this order to show cause why the above provision
should not be found void as against public policy and severed
from the settlement agreement.  
     SO ORDERED.

                              LYNN MARTIN
                              Secretary of Labor     

Washington, D.C.