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[DOCID: f:lk9578x.wais]

 
CONSOLIDATION COAL COMPANY
June 16, 1999
LAKE 95-78-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 95-78-D
   on behalf of RICHARD E. GLOVER  :
   and LEON KEHRER,                :  MSHA Case No. VINC CD 92-10
               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 the
settlement  include  the  payment of a civil penalty of $5,000.00
and an agreed posting at the subject mine.  I have considered the
representations and documentation  submitted  in this case, and I
conclude 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 S. Dearborn St., 8th Floor, Chicago, IL 60604

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

Michael F. Duffy, Esq., National Mining Association, 1130 17th
Street, N.W., Washington, D.C. 20036

Judith Rivlin, Esq., United Mine Workers of America, 900 
Fifteenth Street, N.W., Washington, D.C. 20005

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