UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Ass't Sec'y & Champlin v. Florilli Corp., 91-STA-7 (ALJ Aug. 3, 1992)

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DATE:     8-3-92

CASE NO.  91-STA-0007

IN THE MATTER OF

Assistant Secretary of Labor for
Occupational Safety & Health,
          Prosecuting Party

     and

Larry L. Champlin,
          Complainant

     v.

Florilli Corp.,
          Respondent

ORDER DENYING FEE APPLICATION

     On June 13, 1992, the Respondent filed an Application for
Fees and Other Expenses Under the Equal Access to Justice Act, 5
U.S.C. §504.

     The ultimate decision of the Secretary of Labor in this
matter was enforcement of the settlement agreement under which
the Respondent paid to the Complainant the sum of $100.00 and the
complaint was withdrawn.  Such a settlement agreement does not
put the Respondent in the position of the prevailing party. 
Further there is no basis to support the assertion of the
Respondent that the Assistant Secretary for Occupational Safety
and Health had insufficient grounds to make his finding of
probable cause to believe that a violation of the Surface
Transportation Assistance Act had occurred.

     The Respondent's Application is denied.

                         
                         Charles P. Rippey
                         Administrative Law Judge

Washington, D.C.