FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
              601 New Jersey Avenue, N.W. Suite 9500
                   Washington, DC 20001-2021

                         October 16, 2002



SECRETARY OF LABOR,              : DISCRIMINATION PROCEEDING
     MINE SAFETY AND HEALTH           :
     ADMINISTRATION (MSHA),           :      Docket No.  SE 2000-39-D
     on behalf of Terry McGill,            : BIRM CD 99-04
               Complainant            :  
                                 :
          v.                     :
                                      : Oak Grove Mine
U.S. STEEL MINING COMPANY, LLC.,      : Mine ID 01-00851
               Respondent             :

                 DECISION APPROVING SETTLEMENT
                              AND
                       ORDER OF DISMISSAL
                                
Before:   Judge Weisberger

     This Discrimination Proceeding is before me based upon a decision of the Commission, 23
FMSHRC 981, remanding the case to me for further proceedings consistent with its decision.  Upon
receipt of the decision, the undersigned contacted the parties to explore the possibility of resolving by
way of settlement, the issues raised by the Commission's decision.  The parties engaged in extensive
and protracted negotiations, and, on October 4, 2002, filed a joint motion to approve settlement.

     I find that the terms of the settlement are appropriate under the terms of the Federal Mine
Safety and Health Act and I approve it.  I therefore grant the motion to approve settlement.

     It is Ordered that the parties abide by all terms of the settlement; that Respondent will pay to
Mr. McGill the amount of $200.00 for expenses that arose from Respondent's termination of his
employment and $42.00 as interest on these expenses; that Respondent will forward a check or money
order in the amount of $242.00 payable to Terry McGill to the office of the Solicitor, 61 Forsyth
Street, Room 7T10, Atlanta, Georgia 30303, within 30 days of this Order; that the Office of the
Solicitor will forward the check to Mr. McGill; and that Respondent shall pay $2,500.00 in full 
settlement of the civil money penalty sought by the Secretary in this matter.  Such payment shall be
made within 30 days of this decision.  It is Further Ordered that this case be Dismissed.




                              Avram Weisberger
                              Administrative Law Judge

Distribution List:

Larry A. Auerbach, Esq., Office of the Solicitor, U.S. Department of Labor, 61 Forsyth Street, N.W.,
Atlanta, Georgia, 30303

Anthony Jeselnik, Esq., U.S. Steel Mining Company, Law Department, 600 Grant Street, Pittsburgh,
PA 15219-2749

/sc