U.S. DEPARTMENT OF LABOR
                                    
                           SECRETARY OF LABOR
                            WASHINGTON, D.C.



DATE:     February 4, 1994
CASE NO.: 94-STA-9

IN THE MATTER OF

KENNETH C. CLIFTON,
          COMPLAINANT

     v.

UNITED PARCEL SERVICE,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


ORDER
   

     Before me for review is the Recommended Order of Dismissal
(R.O.) of the Administrative Law Judge (ALJ) in this case arising
under Section 405 of the Surface Transportation Assistance Act of
1982 (STAA), 49 U.S.C. app. § 2305 (1988) and its
implementing regulations at 29 C.F.R. Part 1978 (1992).  The ALJ
recommended dismissal of the formal hearing requested by
Complainant, based on his receipt of the Secretary's Findings
issued by the Regional Administrator, U.S. Department of Labor-
OSHA, on November 24, 1993.  The Secretary's Findings rescinded
the earlier findings on which this hearing request was based.

     In light of the action by the Regional Administrator in this
case, the request for a formal hearing in this case is dismissed. 
Upon the issuance of forthcoming findings by the Regional
Administrator, the parties may again request a formal hearing
before the Office of Administrative Law Judges.

     Accordingly, this case is dismissed without prejudice.

     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.