[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 \mca