<DOC>
[DOCID: f:k941274d.wais]

 
PONTIKI COAL CORPORATION
February 5, 1998
KENT 94-1274-D


         FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, Suite 1000
                        5203 LEESBURG PIKE
                   FALLS CHURCH, VIRGINIA  22041

                         February 5, 1998

SECRETARY OF LABOR,           : DISCRIMINATION PROCEEDING
 MINE SAFETY AND HEALTH       :
 ADMINISTRATION (MSHA) on     : Docket No. KENT 94-1274-D
 behalf of CHARLES H. DIXON,  :  MSHA Case No. PIKE CD 94-16
 BERNARD EVANS, RICHARD       :
 GLOVER, EDGAR OLDHAM,        :  Mine ID No. 15-09571
 MARK MARCH, DON RILEY,       :  Pontiki No. 1 Mine
 CHARLES JOHNSON AND ELEVEN   :
 (11) UNAMED EMPLOYEES OF     :
 PONTIKI COAL CORPORATION     :
               Complainant    :
                              :
                              :
          v.                  :
                              :
PONTIKI COAL CORPORATION      :
               Respondent     :

        ORDER LIFTING STAY / DECISION APPROVING SETTLEMENT

Before:   Judge Melick

     This  case  is  before me upon a complaint of discrimination
under Section 105(c) of the Federal Mine Safety and Health Act of
1977 (the Act) in which  the Secretary also seeks a civil penalty
of $1,500.00.  The Secretary  has  filed  a  motion  to approve a
settlement  agreement  and  to dismiss the case.  Respondent  has
agreed to pay the proposed civil  penalty  of $1,500.00, in full.
I have considered the representations and documentation submitted
in this case, including Respondent's agreement  to  allow  a non-
employee,  union  member  to be designated and serve as a miner's
representative for purposes  of  MSHA  inspections at a non-union
mine, and I conclude that the proffered  settlement is acceptable
under the criteria set forth in Section 110(i) of the Act.

     WHEREFORE, the stay order issued July  25,  1997,  is hereby
LIFTED, the motion for approval of settlement is GRANTED,  and is
ORDERED  that  Respondent  pay  a penalty of $1,500.00, within 30
days of this order.


                              Gary Melick
                                Administrative Law Judge
                                703-756-6261


                              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
                              (Certified Mail)

                              Timothy  M. Biddle, Esq., Thomas C.
                              Means, Esq., Crowell & Moring, LLP,
                              1001  Pennsylvania   Avenue,  N.W.,
                              Washington,     D.C.     20004-2595
                              (Certified Mail)