<DOC>
[DOCID: f:k96-96.wais]

 
BRUCE YOUNG AND YOGO, INC.
June 21, 1996
KENT 96-96-D


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          June 21, 1996

SECRETARY OF LABOR,              :   DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :   Docket No. KENT 96-96-D
  On behalf of ANDY HOWARD, JR., :   MSHA Case No. PIKE CD 95-21
               Complainant       :
                                 :
          v.                     :   Martiki Surface Mine
                                 :   Mine I.D. No. 15-07295 BLH
BRUCE  YOUNG  AND YOGO, INC.,    :
               Respondent        :

                  DECISION APPROVING SETTLEMENT;
                   ASSESSMENT OF CIVIL PENALTY

The parties have submitted an executed settlement agreement
in this matter which includes, but is not limited to, the
following items:

1.   Complainant, Andy Howard, Jr., agrees not to institute
any further legal action arising from his alleged discharge
of August 31, 1995;

2.   Mr. Howard and the Secretary of Labor agree to waive
permanent reinstatement for Mr. Howard;

3.   Mr. Howard agrees to dismiss the appeal of his Kentucky
unemployment insurance claim;

4.   Respondents agree to pay Mr. Howard $4,350 for alleged
mental and emotional distress in accordance with a schedule
set forth in the agreement;

5.   Respondents agree to expunge from Mr. Howard's
personnel file any references to his separation of August
31, 1995, and any references to the discrimination complaint
he filed with MSHA, or the resulting proceedings before the
Federal Mine Safety and Health Review Commission;

6.   Respondents agree not to inform any prospective
employers of Mr. Howard of the discrimination complaint
filed with MSHA, or the resulting proceedings before the
Federal Mine Safety and Health Review Commission;

7.   Respondents agree to provide Mr. Howard's prospective
employers with only the following information: dates of
employ- ment  with Yogo, Inc., job title and rate of pay;

8.   The parties agree that $1,000 is an appropriate civil
penalty in this case.

I have considered the representations set forth in settle-
ment agreement and have determined that they are consistent
with section 105(c) of the Act.

              ASSESSMENT OF CIVIL PENALTY

Applying the penalty criteria set forth in section 110(i)
of the Act, I conclude that a civil penalty of $1,000 is
appropriate.

                         ORDER

The parties' motion for approval of the settlement agree-
 ment  is GRANTED.  Respondents Bruce Young and/or Yogo,
Inc. are ordered to pay to the Secretary of Labor a civil
penalty of $1,000 within 30 days of this decision.  They are
also ordered to pay the agreed upon compensation to Mr. Howard
in accordance with the terms of the settlement agreement, and
to complete making these payments no later than August 1,
1996.  Upon completion of these payments, and payment of the
civil penalty, this case is DISMISSED.



                           Arthur J. Amchan
                           Administrative Law Judge


Distribution:

Thomas A. Grooms, Esq., Office of the Solicitor,
U.S. Department of Labor, 2002 Richard Jones Road,
Suite B-201, Nashville, TN 37215-2862

Tony Oppegard, Esq., Mine Safety Project of the
Appalachian Research & Defense Fund of Kentucky, Inc.,
630 Maxwelton Court, Lexington, KY 40508

Billy R. Shelton, Esq., Baird, Baird, Baird & Jones, P.S.C.,
415 Second Street, P.O. Box 351, Pikeville, KY 41502-0351


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