DATE:  March 10, 1994
CASE NO. 94-STA-13


IN THE MATTER OF

DANIEL C. SCHMITT,
          COMPLAINANT,

     v.

LEND LEASE TRUCKS, INC.,
          RESPONDENT.

BEFORE:  THE SECRETARY OF LABOR

                         FINAL DECISION AND ORDER

     This case arises under the employee protection provision of
the Surface Transportation Assistance Act of 1982 (STAA), 49
U.S.C. app. § 2305 (1988).  In a Recommended Order of
Dismissal (R. O.) issued on January 27, 1994, the Administrative
Law Judge (ALJ) recommended dismissal of the complaint as
abandoned because of Complainant's failure to respond to the
ALJ's Prehearing Order and Order to Show Cause in this case, both
of which were served on Complainant.
     Neither party has filed a brief as permitted by the STAA
implementing regulations.  29 C.F.R. § 1978.109(c)(2)
(1991).  In that the record fails to disclose circumstances
excusing or explaining Complainant's failure to comply with the
ALJ's orders, I adopt the ALJ's Recommended Order of Dismissal. 
See 29 C.F.R. §§ 1978.106, 18.7, 18.29 (1992). 
Complainant's objections to the Secretary Findings issued on
November 16, 1993 by the Occupational Safety and Health
Administration's Acting Regional Administrator, are vacated and
the request for a hearing dismissed.  The Secretary's findings of
November 16, 1993, are reinstated. 
[PAGE 2]
     Accordingly, the complaint is dismissed.
     SO ORDERED.

                             ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.