[DOCID: f:p95-73d.wais] CONSOLIDATION COAL COMPANY July 17, 1995 Docket No. PENN 95-73-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 July 17, 1995 SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : Docket No. PENN 95-73-D on behalf of : MSHA Case No. PITT CD 94-04 RANDY CUNNINGHAM, : Complainant : Dilworth Mine v. : Mine I.D. No. 36-04281 : CONSOLIDATION COAL COMPANY, : Respondent : DECISION APPROVING SETTLEMENT Before: Judge Amchan This case is before me pursuant to a discrimination complaint filed pursuant to section 105(c) of the Act. The Secretary has filed a motion to withdraw the discrimination complaint and to dismiss the proposed civil penalty. I have construed this motion as one requesting approval of a settlement agreement. The motion is granted. Mr. Cunningham filed a complaint with MSHA alleging that he was not paid for an hour during which he served as a walkaround representative during an MSHA inspection. Respondent has agreed to pay him for this hour and the Secretary has agreed to withdraw its proposed civil penalty. I conclude this agreement is consistent with the Act. I therefore grant the Secretary's motion and dismiss this case. Arthur J. Amchan Administrative Law Judge Distribution: Pamela W. McKee, Esq., Office of the Solicitor, U.S. Department of Labor, 14480 Gateway Building, 3535 Market Street, Philadelphia, PA 19104 Elizabeth Chamberlin, Esq., Consolidation Coal Company, 1800 Washington Road, Pittsburgh, PA 15241 /lh