[DOCID: f:kt99119.wais] LODESTAR ENERGY, INC. February 26, 1999 KENT 99-119-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 26, 1999 SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT MINE SAFETY AND HEALTH : PROCEEDING ADMINISTRATION, (MSHA), : on behalf of MORRIS THOMPSON : Docket No. KENT 99-119-D Complainant : : v. : PIKE CD 98-13 : LODESTAR ENERGY, INC., : Shop Branch No. 2 Respondent : Mine ID 15-17939 DECISION APPROVING SETTLEMENT OF APPLICATION FOR TEMPORARY REINSTATEMENT Before: Judge Bulluck On February 1, 1999, the Secretary of Labor filed an application for an order requiring Lodestar Energy, Inc., ("Lodestar") to reinstate temporarily Morris Thompson to his former position as a bulldozer operator at the Shop Branch No. 2 surface mine, or to a similar position at the same rate of pay, pending a hearing and final disposition of the case. The application was supported by the declaration of Michael Belcher, Special Investigator for the Secretary's Mine Safety and Health Administration ("MSHA"), and a copy of Thompson's Discrimination Complaint filed with MSHA. In the application, the Secretary alleged that Lodestar suspended Thompson on July 31, 1998, then discharged him on August 3, 1998, because Thompson had filed safety complaints with MSHA. The parties have filed a joint motion to approve settlement of the application for temporary reinstatement and to dismiss the case. Lodestar has agreed to withdraw its objection to the application for temporary reinstatement, and to temporarily reinstate Thompson to the position of first shift bulldozer operator at the Spradlin Branch surface mine, at the same rate of pay that he formerly received, pending final disposition of the case. I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is acceptable. WHEREFORE, the settlement agreement is in the public interest and will further the intent and purpose of the Act, the motion for approval of settlement is GRANTED, and the complainant, Morris Thompson, having been temporarily reinstated on February 22, 1999, by Lodestar, it is ORDERED that this case is DISMISSED. Jacqueline R. Bulluck Administrative Law Judge Distribution: Brian Dougherty, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Maill) Stanley S. Dawson, Esq., Lodestar Energy, Inc., 333 West Vine Street, Suite 1700, Lexington, KY 40507-1628 (Certified mail) /nt