[DOCID: f:l98-37d.wais] ILLINI ENERGY RESOURCES, LLC. April 16, 1998 LAKE 98-37-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 April 16, 1998 SECRETARY OF LABOR, : DISCRIMINATION PROCEEDINGS MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket Nos. LAKE 98-37-D on behalf of SHERRY UDE : LAKE 98-38-D and BRETT UDE, : Complainants : VINC CD 97-01 v. : : Razor Back Mine ILLINI ENERGY RESOURCES, LLC., : Mine ID 11-03002 Respondent : ORDER OF CONSOLIDATION AND DECISION APPROVING SETTLEMENT Before: Judge Bulluck These cases concern discrimination proceedings filed pursuant to section 105(c) of the Federal Mine Safety and Health Act of 1977 ("the Act"), 30 U.S.C.  815(c)(2). Pursuant to unopposed motion of the Secretary, these cases are hereby consolidated for administrative processing. The Secretary, on behalf of Sherry Ude and Brett Ude, alleges that the Udes were unlawfully denied work opportunities and terminated on or about May 9, 1997, as a result of Sherry Ude having engaged in protected activity. The Secretary seeks reinstatment of the Udes to their former positions with backpay (including overtime) and interest, employment benefits and seniority, and expungement of any reference to the protected activity from their personnel records. Additionally, the Secretary seeks orders directing Respondent to cease and desist discrimination of the Udes, posting of a notice of violation, and payment of a $9,000.00 civil money penalty. The parties have filed a Joint Motion to Approve Settlement and Dismiss Action. I have reviewed the settlement agreement. Under its terms, the Respondent is required to take the following actions: 1. pay Sherry Ude backwages in the amount of $17,000.00; 2. pay Brett Ude backwages in the amount of $3,000.00; and 3. pay a civil money penalty in the amount of $3,000.00 for the discrimination violation. The settlement is appropriate and is in the public interest. WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that the Respondent comply with the terms set forth above and pay a penalty of $23,000.00 in seven installments, within and not to exceed 6 months, as specified in the settlement agreement. Upon Respondent's full compliance with all terms of the settlement, these proceedings are DISMISSED. Jacqueline R. Bulluck Administrative Law Judge Distribution: Ruben R. Chapa, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604 David S. Spewak, Esq., Wittner, Poger, Rosenblum, Kessler, & Maylack, P.C., 7700 Bonhomme Avenue, Suite 400, St. Louis, MO 63105 \mh