FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

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

Washington, DC 20001

April 20, 2007

FINAL ORDER

Before: Judge Feldman

            This case is before me based on a discrimination complaint filed with this Commission pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, as amended,30 U.S.C. § 815(c)(3) (the Mine Act). The complaint was filed by Michael Sonney against the respondent, Alamo Cement Company, LTD (Alamo).

            Sonney’s discrimination complaint was dismissed as moot by Order dated April 4, 2007. The Order noted that dismissal of Sonney’s complaint would become effective upon Alamo’s timely filing of written assurances that it would provide neutral employment references to Sonney’s prospective employers, and that all disciplinary references had been removed from Sonney’s personnel record. 29 FMSHRC , slip op. at 7.

            The required written representation was filed by Alamo’s counsel on April 16, 2007. Accordingly, Sonney’s discrimination complaint IS DISMISSED with prejudice.  

                                                                     Jerold Feldman

                                                                     Administrative Law Judge

Distribution: (Certified Mail)

Michael Sonney, 405 Skyforest Drive, San Antonio, TX 78232

Robert G. Newman, Esq., Jeffrey L. Bryan, Esq., Fulbright & Jaworski LLP, 300 Convent Street, Suite 2200, San Antonio, TX 78205

Adele L. Abrams, Esq., CMSP, Law Office of Adele L. Abrams, PC, 4740 Corridor Place,

Suite D, Beltsville, MD 20705

/mh