DATE:  January 4, 1993
CASE NO. 93-STA-00001

IN THE MATTER OF:

WALTER A. SWISHER,
     COMPLAINANT,

v.

GERBER CHILDRENSWEAR, INC.,
     RESPONDENT.

BEFORE: THE SECRETARY OF LABOR

                           FINAL ORDER APPROVING
                           SETTLEMENT AGREEMENT

     This case arises under Section 405, the employee protection
provision, of the Surface Transportation Assistance Act of 1982
(STAA), 49 U.S.C. app. § 2305 (1988).  The parties submitted
to the Administrative Law Judge (ALJ) a Release and Stipulation
to Dismiss with Prejudice, and the ALJ "recommended" approval of
the settlement.  Although either the ALJ or the Secretary has
authority to approve settlement of a STAA complaint, 29 C.F.R.
§ 1975.lll(d)(2), I issue this "final" order to clarify that
the complaint is dismissed with prejudice, pursuant to the
settlement agreement.
     The settlement agreement appears to encompass the settlement
of matters arising under various laws, only one of which is the
STAA.  For the reasons set forth in Poulos v. Ambassador Fuel
Oil Co., Case No. 86-CAA-l, See. Ord., Nov. 2, 1987, slip op.
at 2, I have limited my review of the agreement to determining
whether its terms are fair, adequate and reasonable settlement of
Complainant's allegation that Respondent, Gerber Childrenswear,
Inc., violated the STAA.  49 U.S.C. § 2305.  Upon review of
the terms of the agreement and the case record, I find that the
agreement is fair, adequate and reasonable, and therefore, I
approve the Release and Stipulation to Dismiss with Prejudice. 
Accordingly, the complaint is DISMISSED with prejudice.

SO ORDERED
LYNN MARTIN
Secretary of Labor
Washington, D.C.