. TVX MINERAL HILL MINE May 17, 1995 WEST 95-423-DM FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3577/FAX 303-844-5268 May 17, 1995 SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT MINE SAFETY AND HEALTH : PROCEEDING ADMINISTRATION (MSHA), : on behalf of : Docket No. WEST 95-423-DM CODY CHERRY, : Complainant : TVX Mineral Hill Mine : v. : Mine I.D. 24-01145 : TVX MINERAL HILL MINE, : Respondent : ORDER OF DISMISSAL Before: Judge Manning The Secretary of Labor has moved to withdraw its application for temporary reinstatement of Cody Cherry. The motion states that Mr. Cherry no longer wishes to be reinstated to his previous position at the mine because he has found other employment. The motion further states that the Secretary may decide to pursue back pay and a civil penalty in a separate discrimination proceeding. For good cause shown, the motion is GRANTED, and this proceeding is DISMISSED. Richard W. Manning 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 David C. Dalthorp, Esq., GOUGH, SHANAHAN, JOHNSON & WATERMAN, P.O. Box 1715, Helena, MT 59624-1715 /RWM