DATE:     December 28, 1993
CASE NO.: 92-STA-40

IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
          PROSECUTING PARTY,

     AND

GRADY FOWLER,
          COMPLAINANT,

     V.

SEAY TRUCKING, INC.,
          RESPONDENT.

BEFORE:   RICHARD K. MALAMPHY
          Administrative Law Judge


DECISION AND ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
Section 405 of the Surface Transportation Assistance Act of 1982
(STAA), 49 U.S.C. §2305.
     On December 21, 1993, the parties submitted an executed
stipulation of settlement in final disposition of the case.  (A
copy of the stipulation of settlement is attached hereto and
marked as "Exhibit A").
     I have reviewed the settlement agreement and find it to be
fair, adequate and reasonable pursuant to 29 C.F.R.
§1978.111(d)(2).  See Davis v. Kimstock, Inc.,
Case No. 90-STA-8, Secretary Approval and Dismissal of Complaint,
November 30, 1990.  It is, therefore,
     ORDERED that the Settlement Agreement, a copy of which is
attached hereto and made a part hereof, is approved and this case
is hereby Dismissed With Prejudice.
[PAGE 2]


                                   RICHARD K. MALAMPHY
                                   Administrative Law Judge