<DOC>
[DOCID: f:ct2001146.wais]

 
UNITED STEEL WORKERS OF AMERICA, LOCAL 4880 
October 3, 2001
CENT 2001-146-DM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 Skyline, Suite 1000
                       5203 Leesburg Pike
                  Falls Church, Virginia 22041


                         October 3, 2001

SECRETARY OF LABOR,              : DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         : Docket No. CENT 2001-146-DM
  ON BEHALF OF                   : SC MD 00-25
  LEE GARRETT,                   :
                   Complainant   : Arkansas Operations Mill
                                 :
UNITED STEEL WORKERS OF AMERICA, :
  LOCAL 4880                     :
                   Intervenor    :
                                 : Mine ID 03-00257
               v.                :
                                 :
ALCOA WORLD ALUMINA, LLC, and    :
  its successors,                :
                   Respondent    :

                             DECISION

Appearances: Madeleine T. Le, Esq., Tina D. Campos, Esq., and
             Connie M. Ackerman, Esq., Office of the Solicitor,
             U.S.  Department  of  Labor,  Dallas,  Texas,  for
             Complainant;
             Dan A. Henry, President, United Steel Workers of
             America, Local 4088, Benton, Arkansas, pro se, for
             Intervenor;
             Harold J. Engel, Esq., and Rebecca E. Silberbogen,
             Esq., Arent Fox Kintner Plotkin &  Kahn, PLLC,
             Washington, D.C., for Respondent.

Before: Judge Hodgdon

      This case is  before  me  on  a Complaint of Discrimination
brought by the Secretary of Labor, acting through her Mine Safety
and  Health  Administration (MSHA), on  behalf  of  Lee  Garrett,
against Alcoa  World  Alumina,  LLC,  under Section 105(c) of the
Federal Mine Safety and Health Act of 1977,  30  U.S.C. § 815(c).
A  hearing  was  held  in  Benton,  Arkansas,  on July 24,  2001.
Further proceedings in the case were continued until  October  9,
2001.  For the reasons set forth below, the case is dismissed.

     The  parties  have filed a Motion to Dismiss the proceedings
because they "have reached  an amicable settlement of the issues"
and the Complainant has stated  that  he  wishes  to withdraw his
complaint.   In  a  separate filing, the Secretary has  moved  to
withdraw  her  Petition   for   Assessment   of   Civil  Penalty.
Commission Rule 11, 29 C.F.R. § 2700.11, provides that "[a] party
may  withdraw  a pleading at any stage of a proceeding  with  the
approval of the Judge or the Commission."

     Accordingly,  the  motions for leave to withdraw are GRANTED
and it is ORDERED that this  case  is  DISMISSED.  In view of the
dismissal,  the  hearing  scheduled  for  October   9,  2001,  is
CANCELED.


                                T. Todd Hodgdon
                                Administrative Law Judge


Distribution:  (Certified Mail)

Madeleine  Le,  Esq.,  Tina  D. Campos, Esq., U.S. Department  of
Labor, Office of the Solicitor
525 South Griffin Street, Suite 501, Dallas, TX  75202

Mr. Daniel A. Henry, United Steel Workers of America, Local 4088,
P.O. Box 331, Benton, AR  72018

Harold J. Engel, Esq., Arent Fox  Kinter  Plotkin  &  Kahn PLLC ,
1050 Connecticut Avenue
N.W., Washington, D.C.  20036

/nt