<DOC>
[DOCID: f:s93-182.wais]

 
JIM WALTER RESOURCES, INC. and UNITED MINE WORKERS OF AMERICA
June 21, 1996
SE 93-182-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 21, 1996

SECRETARY OF LABOR,            :    DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :    Docket No. SE 93-182-D
  ON BEHALF OF                 :    MSHA Case  No. BARB CD 92-20
  CARROLL JOHNSON,             :
               Complainant     :
                               :
          v.                   :    Mine No. 7
                               :
JIM WALTER RESOURCES, INC.,    :
               Respondent      :
          and                  :
  UNITED MINE WORKERS OF       :
  AMERICA,                     :
               Intervenor,     :
                               :
                               :
SECRETARY OF LABOR,            :    CIVIL  PENALTY PROCEEDING
  MINE SAFETY AND HEALTH       :
  ADMINISTRATION (MSHA),       :    Docket No.SE 93-104
  Petitioner                   :    A.C. No. 01-01401-03938
                               :
          v.                   :
                               :    Mine No. 7
JIM WALTER RESOURCES, INC.,    :
               Respondent      :

                       DECISION ON REMAND

Before:  Judge Weisberger

    On April 24, 1996, the Commission remanded this case to
reconsider the assessment of penalties with respect to violations
of Section 103(f) and 105(c) of the Federal Mine Safety & Health
Act of 1977 ("the  Act").  Specifically, the remand required
reconsideration of the issues of the Operator's history of violations
and good faith, and the gravity of the violations.  Also required
was reconsideration of the expenses incurred by the Complainant as a
result of his pursuing the discrimination action.

     On June 18, 1996, the Secretary filed a Joint Motion to Approve
Settlement.  The motion seeks to increase the penalty for the Section
105(c) violation to $3,000.  The parties agree that the penalty for
the section 103(f) violation should remain at $1,000.  It was further
agreed that the Complainant be paid $261.56, less legally required
withholdings, as a result of attending the hearing in this matter.

     Based on the evidence of record and the representations set
forth in the motion, I conclude that the settlement is consistent
with the purposes of the Act, and the motion is granted.

                             ORDER

     It is ORDERED that the  Operator   pay,  within 30 days of
this decision, a total civil penalty of $4,000. It is further
ORDERED  that the  Operator  within 30 days of this decision,
pay  the Complainant $261.56  less legally required withholdings.


                                Avram  Weisberger
                               Administrative Law Judge

Distribution:

William  Lawson , Esq., Office of the Solicitor, U.S. Department
of Labor, Suite 150, Chambers Building, Highpoint Office Center, 100
 Centerview  Drive, Birmingham, AL 35216
(Certified Mail)

David M. Smith, Esq.,  Maynard , Cooper & Gale, 1901 Sixth Avenue North, 2400
AmSouth / Harbert  Plaza, Birmingham, AL 35203-2602
(Certified Mail)

Barry A.  Woodbrey , Jr., Esq., United Mine Workers of America,
900  15th  Street,  N.W. , Washington, DC 20005
(Certified Mail)


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