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[DOCID: f:k95-515d.wais]

.
RAWL SALES AND PROCESSING CO.
September 7, 1995
KENT 95-515-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                          September 7, 1995

SECRETARY OF LABOR,             :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA)         :  Docket No. KENT 95-515-D
       on behalf of             :  MSHA Case No. PIKE CD 95-03
        ROBERT ROBINETTE,       :
                Complainant     :  Tall Timber Mine
                                :
          v.                    :  I.D. No. 15-13720
                                :
RAWL SALES AND PROCESSING CO.,  :
                Respondent      :
                                :
SECRETARY OF LABOR,             :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA)         :  Docket No. KENT 95-516-D
       on behalf of DANA HAGER, :  MSHA Case No. PIKE CD 95-04
                Complainant     :
                                :
          v.                    :  Tall Timber Mine I.D. No. 15-13720
                                :
RAWL SALES AND PROCESSING CO.,  :
                Respondent      :

                    DECISION APPROVING SETTLEMENT

Before:  Judge Amchan

     These cases are before me pursuant to section 105 of the
Federal Mine Safety and Health Act.  As the Complainants have
already been reinstated with full backpay and benefits, the
parties have filed a motion to approve settlement and to dismiss
the cases based on a reduction in the proposed civil penalties
for the alleged discriminatory conduct.  The terms of the
settlement are that the total penalties for these matters have
been reduced from $18,000 to $10,000.  I have reviewed the
settlement and conclude that it is consistent with the purposes
of the Act.

                                ORDER

     The parties' motion for approval of settlement is GRANTED.
Respondent shall pay the $10,000 in civil penalties within 30
days of this order.  Thereupon, these cases are dismissed.


                                 Arthur J. Amchan
                                 Administrative Law Judge


Distribution:

Susan E. Foster, Esq., Office of the Solicitor, U.S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-
2862

Mark A. Toor, Esq., for Rawl Sales & Processing Co., A.T. Massey
Coal Co., Inc., P.O. Box 26765, Richmond, VA 23261

Tony Oppegard, Esq., Mine Safety Project of the Appalachian Research
& Defense Fund of Kentucky, 630 Maxwelton Court, Lexington, KY
40508

/lh