DATE:  September 27, 1995
CASE NO. 94-STA-14


IN THE MATTER OF

WILBER SCHULER,

          COMPLAINT,

      v.

M & P CONTRACTING, INC.,

          RESPONDENT.


BEFORE:  SECRETARY OF LABOR


                         FINAL DECISION AND ORDER
     I remanded this case under the employee protection provision
of the Surface Transportation Assistance Act of 1982, 49 U.S.C.A.
§ 31105 (West 1994), to the Administrative Law Judge to give
Complainant an opportunity to show that his refusal to plead
guilty to an overload citation was in part based on safety
concerns.  The ALJ permitted the parties to file written
submissions on remand and submitted a Decision and Order Upon
Remand - Dismissing Complaint, on June 14, 1995.
     The entire record has again been reviewed, including the
submissions on remand, and I agree with the ALJ that Complainant
has not shown that his alleged protected activity was based in
part on a safety concern.  See Bailey v. System Energy
Resources, Inc., Case No. 89-ERA-32, Sec. Dec. Jul. 16, 1993,
slip op. at 
4-5.  Accordingly, the complaint in this case is DISMISSED.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.