<DOC>
[DOCID: f:k94-1274.wais]

 
PONTIKI COAL CORPORATION
March 10, 1995
KENT 94-1274-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                            March 10, 1995

SECRETARY OF LABOR,             :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. KENT 94-1274-D
  ON BEHALF OF CHARLES H.       :
  DIXON,                        :  PIKE CD 94-16
          Complainant           :  Mine ID 15-09571
                                :
          v.                    :
                                :
PONTIKI COAL CORPORATION,       :
               Respondent       :

             AMENDED ORDER GRANTING PARTIAL DISMISSAL

     At hearings held March 9, 1995, on the Respondent's
Motions to Dismiss, evidence by way of an affidavit from 
Charles H. Dixon was admitted indicating that he may have 
been a "representative of miners" at some time prior to 
April 15, 1994. Accordingly that part of the interlocutory 
Order issued February 6, 1995, which held that Complainant
Dixon had not become a "representative of miners" before 
April 15, 1994, is amended by deletion.

     A determination as to when Mr. Dixon became a 
"representative of miners" (and the related determination 
of which alleged acts of discrimination may be considered)
is, therefore, deferred until hearings on the merits or
other appropriate proceedings at which a full evidentiary 
airing of the issue may be provided.


                           Gary Melick
                           Administrative Law Judge


Distribution:

Brian W. Dougherty, Esq., Office of the Solicitor, U.S.
Dept. of Labor, 2002 Richard Jones Road, Suite B-201, 
Nashville, TN 37215-2862

Timothy M. Biddle, Esq., Thomas C. Means, Esq., Crowell 
& Moring, 1001 Pennsylvania Ave., N.W., Washington, D.C.
20004-2595

/jf