<DOC>
[DOCID: f:p94-532d.wais]

 
READING ANTHRACITE COMPANY
February 10, 1995
PENN 94-532-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          February 10, 1995
                                       
SECRETARY OF LABOR,           :  DISCRIMINATION PROCEEDING
  MINE AND SAFETY AND HEALTH  :
  ADMINISTRATION (MSHA),      :  Docket No. PENN 94-532-D
  ON BEHALF OF                :  MSHA Case No. WILK CD 94-02
WILLIAM PLOXA,                :
               Complainant    :  Knickerbocker M-112
          v.                  :
                              :
READING ANTHRACITE COMPANY,   :
               Respondent     :
                              :

                        ORDER OF DISMISSAL

Before:  Judge Feldman

     The Secretary has filed a settlement motion that 
seeks my approval of his request to withdraw the 
discrimination complaint filed in this matter on behalf
of William Ploxa pursuant to Section 105(c)(2) of the
Mine Safety and Health Act of 1977, 30 U.S.C.  815(c)(2).
The settlement terms include Mr. Ploxa's withdrawal of his
subject complaint filed with the Mine Safety and Health 
Administration as well as the recision of the $5,000 civil 
penalty proposed by the Secretary against the respondent 
in this case.  In return, the respondent has agreed to
expunge Mr. Ploxa's personnel file of any and all evidence
of disciplinary action taken against him as a result of 
his conduct on or about March 25, 1994, and any related
subsequent conduct.

     Under the circumstances herein, permission for the 
Secretary to rescind the proposed civil penalty and 
withdraw the complaint filed on behalf of William Ploxa
IS HEREBY GRANTED. Upon satisfaction of the terms of the
settlement agreement, the above captioned discrimination
complaint IS DISMISSED with prejudice.
                            

                         Jerold Feldman
                         Administrative Law Judge


Distribution:

Anthony G. O'Malley Jr., Esq., Office of the Solicitor, U.S.
Department of Labor, Room 14480, Gateway Building, 3535
Market Street, Philadelphia, PA 19104

Martin J. Cerullo, Esq., Cerullo, Datte & Wallbillich, P.C.,
Second Street & Laurel Blvd., P.O. Box 450, Pottsville, PA
17901

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