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[DOCID: f:lk94704y.wais]

 
CONSOLIDATION COAL COMPANY
June 16, 1999
LAKE 94-704-D


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          June 16, 1999

SECRETARY OF LABOR              : DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        : Docket No. LAKE 94-704-D
  on behalf of KENNETH HANNAH,  :
  PHILLIP J. PAYNE and          : MSHA Case No. VINC CD 94-07
  FLOYD MEZO,                   :
               Complainants     : Mine ID No. 11-00601
                                :
          v.                    :
                                :
CONSOLIDATION COAL COMPANY,     :
               Respondent       :  Rend Lake Mine


                  DECISION APPROVING SETTLEMENT

Before: Judge Melick

     This  case  is  before me upon a Complaint of Discrimination
and a Petition for Assessment  of  Civil  Penalty  under Sections
105(c)  and 105(d) of the Federal Mine Safety and Health  Act  of
1977 (the  Act).   Petitioner  has  filed  a  motion to approve a
settlement  agreement  and  to dismiss the case.   The  terms  of
settlement  include  back  pay  and  interest,  expungement  from
personnel records of references to  the  incident  at  issue,  an
agreed  posting  and  payment of a $500.00 civil penalty.  I have
considered the representations  and  documentation  submitted  in
this  case,  and  I  concluded  that  the proferred settlement is
acceptable.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED that the parties comply  with  all the terms of
the  settlement  within  40  days  of  this  order.   Under   the
circumstances this case is dismissed.


                              Gary Melick
                              Administrative Law Judge
                              703-756-6261


Distribution:

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

David J. Hardy, Esq., Jackson & Kelly,  1600  Laidley Tower, P.O.
Box 553, Charleston, WV 25322

Elizabeth  S. Chamberlin, Esq., Consol Inc., Consol  Plaza,  1800
Washington Boulevard, Pittsburgh, PA 15241

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