<DOC>
[DOCID: f:kt9961.wais]

 
J & C MINING, L.L.C.
February 22, 1999
KENT 99-61-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          February 22, 1999

SECRETARY OF LABOR,              :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. KENT 99-61-D
    on behalf of PAUL MIDDLETON, :
              Complainant        :  BARB CD 98-19
                                 :
            v.                   :  Mine No. 1
.................................:
J & C MINING, L.L.C.,            :  Mine ID 15-17707
              Respondent         :

                               DECISION

Appearances:  Brian W. Dougherty, Esq., Office of the Solicitor,
              U. S. Department of Labor, Nashville, Tennessee,
              for the Secretary; Susan C. Lawson, Esq., Lawson
              & Lawson, Harlan, Kentucky, for the Respondent.

Before:  Judge Weisberger

     This case is before me based on a Complaint filed by the
Secretary of Labor on behalf of Paul Middleton alleging that J &
C Mining discriminated against him in violation of section 105 of
the Federal Mine Safety and Health Act of 1977.  The Secretary
seeks personal relief on behalf of Middleton, and a civil
penalty.  The matter was scheduled for hearing, and was partially
heard on January 19, 20, and 21, 1999.

     On January 21, 1999, during a recess, the parties advised
that they had reached a settlement of this matter, and J & C
Mining made a motion to approve the settlement and dismiss the
case.  The parties presented the terms of the settlement on the
record.  After due consideration, the motion was granted as
follows, with the exception of minor changes not of a substantive
nature.

     The motion is granted.  I have considered carefully the
terms of the motion.  I find that the settlement agreement
entered into the record to be a very fair and just disposition of
the issues.  This conclusion is based upon my review of the terms
of the settlement, along with a consideration of the entire
record that has been presented .

                                ORDER

     The terms of the settlement are approved, and it is ORDERED
that (1) the record in this case be sealed; (2) Respondent pay a
civil penalty of $1,000 within 30 days of this decision; (3) the
parties shall abide by all of the terms of the settlement
agreement; and (4) that this case be DISMISSED with prejudice.


                                 Avram Weisberger
                                 Administrative Law Judge


Distribution:

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

Susan C. Lawson, Lawson & Lawson, Wheeler Building, Suite 301,
103 North First Street, P. O. Box 837, Harlan, KY 40831
(Certified Mail)

/dcp