<DOC>
[DOCID: f:pn99110.wais]

 
LEHIGH COAL & NAVIGATION CO.
September 14, 1999
PENN 99-110-C


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 SKYLINE, Suite 1000
                       5203 LEESBURG PIKE
                  FALLS CHURCH, VIRGINIA  22041

                       September 14, 1999


UNITED MINE WORKERS OF AMERICA  : COMPENSATION  PROCEEDING
  LOCAL 1571,                   :
  on behalf of miners,          : Docket No. PENN 99-110-C
               Applicant        :
          v.                    :
                                : Springdale, Greenwood & 
                                :   Little Italy
LEHIGH COAL & NAVIGATION CO.,   :
               Respondent       :  Mine ID 36-01761


                            DECISION

Appearances: James P. Lamont, United Mine Workers of America,
             Washington, D.C., for Applicant;
             W. Atlee Davis III, Esq., Lehigh Coal and 
             Navigation Company, Pottsville, Pennsylvania, for 
             Respondent.

Before: Judge Bulluck

     This Compensation Proceeding is before me pursuant to
section 111 of the Federal Mine Safety and Health Act of 
1977, 30 U.S.C. §801 et. seq. ("the  Act"),  upon application 
filed by the United  Mine  Workers of America, Local  1571 
("UMWA"),  against  Lehigh  Coal  and  Navigation  Company  
("Lehigh"). The UMWA seeks compensation for 25 of its members 
employed at Lehigh's  No. 14  Preparation  Plant,  who  were 
allegedly idled by a withdrawal order issued by the Secretary  
of Labor, pursuant to section 107(a) of the Act.

     A hearing on the merits was convened on August 19, 1999, 
in Reading, Pennsylvania. At the hearing, the parties 
negotiated and entered into a settlement agreement, whereby 
Lehigh agreed to pay compensation to the members of UMWA Local 
1571, laid-off from the No. 14 Preparation Plant during the 
period November 19 through 23, 1998, at  their usual rate of 
pay for 1998. The settlement was approved at hearing, and that 
determination is hereby confirmed.

     I have considered the representations and documentation
submitted in this case, and I conclude that the proffered
settlement is appropriate under the criteria set forth in 
section 110(i) of the Act.

                         ORDER

     The settlement is appropriate and in the public interest.
WHEREFORE, the approval of settlement is GRANTED, and  it  is  
ordered that Respondent pay compensation to the affected UMWA 
members, in accordance with  the  terms  of  the  settlement
agreement, within 30 days of this Decision. Upon full payment 
of compensation, this case is DISMISSED.


                              Jacqueline R. Bulluck
                              Administrative Law Judge


Distribution:

James P. Lamont, Esq., United Mine Workers of America, Legal
Department, 900 15th Street, N.W., Washington, DC  20005
(Certified Mail)

W. Atlee Davis III, Esq., Lehigh Coal and Navigation Company, 
101 N. Centre Street, P.O. Box 1040, Pottsville, PA  17901
(Certified Mail)

/nt