[DOCID: f:w-95-010.wais] CENTRALIA MINING CO., INC. May 10, 1995 WEST 95-10-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3577/FAX 303-844-5268 May 10, 1995 ROBBIE A. SMITH, : DISCRIMINATION PROCEEDING Complainant : : Docket No. WEST 95-10-D v. : : CENTRALIA MINING CO., INC., : Centralia Coal Mine Respondent : Mine I.D. 45-00416 DECISION APPROVING SETTLEMENT Before: Judge Manning This proceeding was brought by the Secretary of Labor on behalf of Robbie A. Smith under section 105(c)(2) of Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2). On April 5, 1995, the Secretary filed an unopposed motion to discontinue his representation of Mr. Smith. By order dated April 6, 1995, the motion was granted and Mr. Smith has represented himself in this proceeding since that date. On May 8, 1995, Mr. Smith and Centralia Mining Company filed a joint Settlement Agreement and General Release. The settlement agreement resolves all existing and potential disputes between the parties in this case arising out of the termination of Mr. Smith's employment by Centralia. I have reviewed the terms of the proposed settlement and find the settlement to be reasonable and in the public interest. Accordingly, the terms of the settlement set forth in the Settlement Agreement and General Release are APPROVED and this discrimination proceeding is DISMISSED. Richard W. Manning Administrative Law Judge Distribution: Timothy M. Biddle, Esq., CROWELL & MORING, 1001 Pennsylvania Ave., NW Washington, DC 20004-2595 Mr. Robbie A. Smith, 943 E. Greenbrae Dr., Sparks, NV 89434 /rwm TIMOTHY M BIDDLE ESQ., CROWELL & MORING,1001 PENNSYLVANIA AVE NW, WASHINGTON DC 20004-2595 MR ROBBIE A SMITH, 943 EAST GREENBRAE DRIVE, SPARKS NV 89434