<DOC>
[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

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