.
RICHARD E. GAWTHROP
March 14, 1995
WEVA 94-286-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                     FALLS CHURCH, VIRGINIA 22041


                            March 14, 1995

RICHARD E. GAWTHROP,            :  DISCRIMINATION PROCEEDING
                 Complainant    :
                                :
           v.                   :  Docket No. WEVA 94-286-D
                                :  MSHA Case No. MORG CD 94-02
TRIPLETT BROTHERS EXCAVATING,   :
                 Respondent     :  Grant Town Power Plant

                               DECISION

Appearances:  Richard E. Gawthrop, pro se, Rivesville, West
              Virginia, and, Thomas G. Dyer, Esq., Clarksburg,
              West Virginia, on the Proposed Order for Relief,
              for the Complainant; Charles E. Anderson, Esq.,
              Fairmont, West Virginia, for the Respondent.

Before:  Judge Feldman

     This case is before me based upon a discrimination
complaint filed on June 7, 1994, pursuant to section
105(c)(3) of the Federal Mine Safety and Health Act of 1977
(the Act), 30 U.S.C. § 815(c)(3), by the complainant, Richard E.
Gawthrop,  against  the respondent,  Triplett  Brothers
Excavating, Inc.

     This matter was heard on October 13, 1994, in Morgantown,
West Virginia. On January 23, 1995, a decision on liability
was released wherein it was determined that Gawthrop's
January 11, 1994, discharge was discriminatorily motivated
in violation of section 105(c) of the Act. 17 FMSHRC 64.

     With regard to damages, the parties were ordered to confer
for the purpose of stipulating the appropriate incidental
damages and back pay, plus interest, less deductions for
unemployment and earnings from other  employment.  The
parties  were  also  ordered to stipulate to economic
reinstatement if the complainant declined reemployment by
the respondent. The parties were ordered to file a Proposed
Order for Relief if they were able to stipulate to the
appropriate relief in this matter. 17 FMSHRC at 76-77.

     A joint Proposed Order for Relief was filed on March 6,
1995.  The terms of the parties' proposal are that Gawthrop
will accept $10,000 as economic reinstatement in lieu of
actual  reinstatement.  The  parties  stipulated  that
Gawthrop's back pay plus interest, compounded from his
January 11, 1994, discharge to the present time, less
deductions for unemployment and other earnings, amounts to
$9,086.  Finally, the parties stipulated to incidental
damages of $2,914 related to additional transportation costs
associated with his reemployment as well as other economic
losses.  Consequently, the parties proposed a total of
$22,000 as the appropriate relief in this case. Payment of
$22,000 was made to Gawthrop by the respondent on February
27, 1995.

                                ORDER

     In view of the parties' stipulations, the Proposed Order for
Relief IS GRANTED establishing the $22,000 payment to
Gawthrop as the appropriate relief under section 105(c) of
the Act. IT IS ORDERED that all records pertaining to Gawthrop's
January 11, 1994, discharge be expunged.  This decision and the
January 23, 1995, decision on liability constitute the final
disposition in this proceeding.


                                 Jerold Feldman
                                 Administrative Law Judge


Distribution:

Mr. Richard E. Gawthrop, Route 1, Box 253-A, Rivesville, WV 26588
(Certified Mail)

Thomas G. Dyer, Esq., P.O. Box 1716,  Clarksburg,  WV  26301
(Certified Mail)

Charles  E. Anderson, Esq., 200 Adams Street, Fairmont, WV 26554
(Certified Mail)

/rb