DATE:  October 21, 1994
CASE NO. 94-STA-00002


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,

          PROSECUTING PARTY,

     and

DAVID CHAPMAN,

          COMPLAINANT,

     v.

T.O. HAAS TIRE COMPANY,

          RESPONDENT.


BEFORE:  THE SECRETARY OF LABOR 

                    ORDER DENYING APPLICATION FOR STAY

     On August 3, 1994, the Secretary issued a Final Decision and
Order in this case, finding that Respondent violated the Surface
Transportation Assistance Act of 1982 (STAA), 49 U.S.C. app. 
§ 2305 (1988), and ordering monetary and other relief to
Complainant.  On September 19, 1994, Respondent applied for an
administrative stay of the final decision pending judicial
review.  It, however, has not demonstrated the necessity for a
stay in these circumstances.  Respondent's bare assertion that a
stay would not place an unreasonable burden on Complainant is
insufficient in the absence of any showing, or allegation, that
Respondent is likely to prevail in its appeal; that Respondent
will suffer irreparable injury if not granted a stay; and that
the public interest is at stake.  See Spinner v. Yellow
Freight 
[PAGE 2]
System, Inc., Case No. 90-STA-17, Sec. Order, Sept. 25, 1991,
slip op. at 2-3, and cases cited therein, including State of
Ohio ex rel. Celebrezze v. NRC, 812 F.2d 288, 290-92
(6th Cir. 1987);  Ruiz v. Estelle, 650 F.2d 555, 565-66
(5th Cir. 1981), cert. denied, 460 U.S. 1042 (1983);
Virginia Petroleum Jobbers Ass'n v. Federal Power Comm'n,
259 F.2d 921, 925 (D.C. Cir. 1958).
     Accordingly, Respondent's application is DENIED.
     SO ORDERED. 
                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.