DATE:   September 23, 1993
CASE NO. 93-STA-37


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,

          PROSECUTING PARTY,

     and

BEN AGOITIA,

          COMPLAINANT,

     v.

MELVIN MINOR TRUCKING,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR


                          NOTICE OF CASE CLOSING

     On September 14, 1993, the Administrative Law Judge (ALJ)   
issued a Recommended Order Approving Settlement and Dismissal of
Case (R.O.) in this case arising under the employee protection
provision of the Surface Transportation Assistance Act of 1982
(STAA), 49 U.S.C. app. § 2305 (1988).  Under the regulations
implementing the STAA, either an ALJ or the secretary of Labor
may approve a settlement agreement and dismiss a case.  29 C.F.R.
§ 1978.111(d)(2) (1992); see Ratliff v. Airco
Gases, Case No. 93-STA-00005, Sec. Fin. Ord. Approving
Settlement Agreement, June 25, 1993, slip op. at 1.
     This order is to advise the parties that the ALJ's decision
approving the settlement agreement and dismissing the case is 
[PAGE 2]
final, and the case is closed pursuant to the ALJ's order.
                              For the Secretary of Labor

                               GRESHAM C. SMITH
                              Acting Director, Office of 
                                Administrative Appeals [1] 

Washington, D.C.

[ENDNOTES]
           
[1]  This Notice is issued pursuant to Secretary's Order 3-90, 55
Fed. Reg. 13,250 (April 9, 1990) (copy appended).