FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, DC 20001

October 18, 2011

ORDER APPROVING SETTLEMENT

AND

ORDER OF TEMPORARY REINSTATEMENT

Before: Judge Feldman

            This matter is before me based on an application for temporary reinstatement filed by the Secretary, pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (the Mine Act), 30 U.S.C. § 815(c)(2), against Freeport-McMoRan, Bagdad, Inc. (Freeport) on behalf of Jerome D. George. This matter was scheduled for hearing on the merits on October 13, 2011.

            Shortly before the scheduled hearing, the parties filed their settlement terms for approval wherein Freeport agreed to economically reinstate George effective September 21, 2011, pending final disposition of George’s underlying discrimination complaint. The terms of the economic reinstatement are that George will receive the same gross pay and all benefits to which he was entitled at the time of his June 16, 2011, termination, less all payroll deductions previously taken, including but not limited to, federal and local taxes, and deductions for any health insurance or life insurance premiums and 401k deductions. The settlement terms include Freeport’s contributions to George’s 401k account, if any, that were made at the time of George’s

termination.

ORDER

            The parties’ settlement agreement resolving this temporary reinstatement proceeding IS APPROVED. Consistent with the above, IT IS ORDERED that Freeport-McMoRan, Bagdad, Inc., economically reinstate Jerome D. George by payment, retroactive to September 21, 2011, of the net pay, as well as all benefits due to George on the date of June 16, 2011, termination. IT IS FURTHER ORDERED that payment to George shall be made within seven days of the date of this order. The economic reinstatement will remain in effect until final disposition of the subject discrimination complaint.

                                                                        Jerold Feldman

                                                                        Administrative Law Judge

Distribution: (Certified Mail)

Gregory W. Tronson, Esq., U.S. Department of Labor, Office of the Solicitor, 1999 Broadway,

Suite 1600, Denver, CO 80202

Laura E. Beverage, Esq., and Kristin R.B. White, Esq., Jackson Kelly PLLC, 1099 18^th Street,

Suite 2150, Denver, CO 80202

/jel