DATE:  June 8, 1994
CASE NO. 94-STA-12

IN THE MATTER OF

WILLIAM R. FUGITT,
          COMPLAINANT,

     v.

SLIDELL MOVING & STORAGE,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR

                            DECISION AND ORDER

     Before me for review is the Recommended Decision and Order
(R.D. and O.) issued by the Administrative Law Judge (ALJ) on
February 11, 1994, in this case arising under Section 405, the
employee protection provision, of the Surface Transportation
Assistance Act, 49 U.S.C. app. § 2305 (1988).  Pursuant to 
29 C.F.R. § 18.39(b), the ALJ recommended dismissal because
Complainant abandoned the complaint.  I affirm the ALJ and
dismiss the complaint, as I explain below.
     After investigating the complaint, the Regional
Administrator found that Complainant's discharge was not in
violation of the STAA.  Complainant requested a hearing before 
an ALJ.
     Neither Complainant nor his representative appeared for the
first hearing scheduled in this case and Respondent moved for
dismissal.  The ALJ issued an Order to Show Cause granting
Complainant ten days to explain why he failed to appear. 
Complainant submitted a letter explaining that he had been out of
town for a week and upon receiving the notice of hearing, had
only 12 hours to prepare.  Complainant apologized for failing to
appear and asked for more time.  
[PAGE 2]
     The ALJ reset the hearing for a later date.  A return
receipt indicated that Complainant received the notice. 
Complainant again failed to appear or to notify the ALJ that he
would not appear.  Respondent's counsel explained that he had
telephoned Complainant about a different matter, mentioned the
second hearing date in this case, and Complainant was aware of
it.  Respondent again moved for dismissal.  Complainant did not
attempt to notify the ALJ of the reason for his failure to
appear.
     Under the regulations governing hearings before Department
of Labor ALJs, a party's request for hearing may be dismissed for 
abandonment if:
          (a) prior to the time for hearing such party
          does not show good cause as to why neither he
          or she nor his or her representative can
          appear or (b) within ten (10) days after the
          mailing of a notice to him or her by the
          administrative law judge to show cause, such
          party does not show good cause for such
          failure to appear and fails to notify the
          administrative law judge prior to the time
          fixed for hearing that he or she cannot
          appear.  A default decision, under §
          18.5(b), may be entered against any party
          failing, without good cause, to appear at a
          hearing.
 
29 C.F.R. § 18.39(b).
     Accordingly, I affirm the ALJ's recommended order and
DISMISS the complaint as abandoned.  
     SO ORDERED.
                              ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.