<DOC>
[DOCID: f:w-95-151.wais]
CORDERO MINING COMPANY
March 27, 1995
WEST 95-151-D
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-3993/FAX (303) 844-5268
March 27, 1995
SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
on behalf of KEITH D. JAMES, : Docket No. WEST 95-151-D
Applicant :
:
v. :
:
CORDERO MINING COMPANY, : Cordero Mine 48-00992
Respondent :
DECISION APPROVING TEMPORARY REINSTATEMENT
and
ORDER OF DISMISSAL
Appearances: Margaret A. Miller, Esq., Office of the
Solicitor, U.S. Department of Labor, Denver,
Colorado, for Applicant; Charles W. Newcom,
Esq., Sherman & Howard, Denver, Colorado,
for Respondent.
Before: Judge Cetti
I
This Discrimination Proceeding concerns an Application
for Temporary Reinstatement. It was filed on January 20, 1995,
by the Secretary of Labor on behalf of Keith D. James. The
action was brought pursuant to the Federal Mine Safety and
Health Act of 1977, 30 U.S.C. 801, et seq., Supp. 1, 1977,
30 U.S.C. � 815(c)(2) and Commission Rule 45, 29 C.F.R.
� 2700.45.
Within 10 days following receipt of the Secretary's
application to temporary reinstatement Respondent objected to
the application and requested a hearing.
The parties declined an immediate hearing, requesting
instead that the matter be heard on March 22-24, 1995, in
Gillette, Wyoming at the same time as the regular
discrimination hearing on the merits for permanent
reinstatement and other remedies as set forth by the
Secretary in Docket No. WEST 95-226-D.
II
Undisputed Facts
1. Respondent Cordero Mining Co. supervises, operates,
and controls mining activities at the Cordero Mine (MSHA I.D.
No. 49-00992) located in Campbell County, Wyoming, and is
therefore an "operator" as defined by Section 3(d) of the Act.
2. The products of the Cordero Mine enter and affect
interstate commerce.
3. At all times relevant to this proceeding Keith D.
James was employed by Respondent as an equipment operator and
therefore was a "miner" as defined in Section 3(g) of the Act.
4. On or about October 6, 1994, Respondent terminated the
employment of Keith D. James
5. Respondent is subject to the jurisdiction of the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. �� 801 et seq.
("the Act").
6. The presiding Administrative Law Judge has jurisdiction
in this matter.
III
The hearing was held in Gillette, Wyoming on March 22 and 23
of 1995. At the hearing the parties advised the Judge on the
record that the parties had mutually agreed to a voluntary
economic temporary reinstatement beginning February 27, 1995
and continuing thereafter pending the decision in Docket No.
WEST 95-226-D which the parties are now briefing. The parties
requested the Judge's approval of their voluntary agreement.
On review of the present record I approved the voluntary temporary
reinstatement agreement. There being no further issues in
Docket No. WEST 95-151-D said proceeding for temporary
reinstatement is DISMISSED.
August F. Cetti
Administrative Law Judge
Distribution:
Margaret A. Miller, Esq., Office of the Solicitor, U.S.
Department of Labor, 1999 Broadway, Suite 1600, Denver,
CO 80202-5716 (Certified Mail)
Charles W. Newcom, Esq., SHERMAN & HOWARD, 633 17th Street,
Suite 3000, Denver, CO 80202 (Certified Mail)
/sh