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[DOCID: f:lk200041.wais]

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HIBBING TACONITE COMPANY
August 4, 2000
LAKE 2000-441-DM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, 10th FLOOR
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041
                         August 4, 2000

  SECRETARY OF LABOR, MSHA        :  DISCRIMINATION PROCEEDINGS
       on behalf of               :
        DWAYNE H. HEMENWAY,       :  Docket No. LAKE 2000-41-DM
        ALLEN P. BLUEMKE, and     :  Docket No. LAKE 2000-42-DM
        ROBERT R. WILLIAMS        :  Docket No. LAKE 2000-43-DM
              Complainants        :
                                  :  NC MD 99-10
            v.                    :  NC MD 99-11
                                  :  NC MD 99-12
  HIBBING TACONITE COMPANY        :
                 Respondent       :  Mine ID 21-01600
                                  :  Hibbing Mine


                            DECISION

Appearances:  Rafael  Alvarez,  Esq.,  U.S. Department of Labor,
              Office  of  the Solicitor, Chicago,  Illinois  for
              Complainants;
              R. Henry Moore, Esq.,  Buchanan  Ingersoll, Pittsburgh,
              Pennsylvania for Respondent.

Before:  Judge Bulluck

     These   cases   concern  discrimination  proceedings   filed
pursuant to Section 105(c)  of the Federal Mine Safety and Health
Act of 1977, 30 U.S.C. � 815(c)(3).   The Secretary, on behalf of
Hemenway,  Bluemke and Williams, alleges  that  the  miners  were
unlawfully disciplined  on  March  5, 1999, for alleged misuse of
their  Article  XIV  (Basic Labor Agreement)  rights,  and  seeks
expungement of their personnel  files of letters of reprimand and
all references to the subject protected  activity.  Additionally,
the Secretary seeks orders directing Hibbing  Taconite  to  cease
and  desist  discriminatory  activities  directed  at all miners,
posting of a notice of violation, and imposition of  a  $3,000.00
civil penalty.

     A  hearing  on the merits was convened on July 17, 2000,  in
Duluth, Minnesota, during the course of which the parties engaged
in discussions and  negotiated  a settlement.  Under the terms of
the agreement, Hibbing Taconite is required to take the following
action:

     1.  expunge the personnel files  of  Hemenway,  Bluemke
     and Williams of letters of discipline;
     2.   delete  any reference to the letters of discipline
     from the discipline  log  maintained  in  the  computer
     record keeping system;
     3.   post  the Motion to Dismiss and Approve Settlement
     and this Order for 30 days; and
     4.  pay a civil  penalty  in  the amount of $100.00 for
     the discrimination violation.

     The   settlement   was  approved  at   hearing,   and   that
determination is hereby confirmed.

                              ORDER

     The settlement is appropriate and is in the public interest.
WHEREFORE, the approval of  settlement  is  GRANTED,  and  it  is
ORDERED that Hibbing Taconite comply with terms of the settlement
agreement, as set forth above, and pay a civil penalty of $100.00
within  30  days  of  the  date  of  this decision.  Upon Hibbing
Taconite's  compliance  with  all  terms  of   settlement,  these
proceedings are DISMISSED.


                              Jacqueline R. Bulluck
                              Administrative Law Judge


Distribution:  (certified mail)

Rafael Alvarez, Esq., Office of the Solicitor, U.S. Department of
Labor, 230 S. Dearborn St., 8th Floor, Chicago, IL 60604

Henry  Moore,  Esq., Buchanan Ingersoll, One Oxford  Centre,  301
Grant Street, 20th Floor, Pittsburgh, PA  15219-1410


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