.
TANGLEWOOD ENERGY, INC.
September 26, 1995
WEVA 94-357-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                          September 26, 1995

SECRETARY OF LABOR,           :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA),      :  Docket No. WEVA 94-357-D
  ON BEHALF OF SAMUEL KNOTTS, :
               Complainant    :  MORG CD 94-3
          v.                  :
                              :  Coalbank Fork No. 12
TANGLEWOOD ENERGY, INC.,      :
  FERN COVE, INC.,            :
  RANDY BURKE, AND RANDALL    :
  KEY,                        :
               Respondents    :

                               DECISION

Appearances:  James V. Blair, Esq., Office of the 
              Solicitor, U. S. Department of Labor, 
              Arlington, Virginia, for the Secretary;
              Paul O. Clay, Jr., Esq., Fayetteville, West
              Virginia, for Respondents.

Before:  Judge Maurer

     On June 20, 1995, I found that the respondents had 
violated section 105(c) of the Act by discharging the 
complainant on January 28, 1994.  I retained jurisdiction 
pending a final decision on damages.

     After reconsideration of the entire trial record and 
the parties' post-trial submissions on the issue of
damages, I find the respondents jointly and severally 
liable for the payment of damages in the following 
particulars:

     a.  Samuel Knotts is entitled to back pay in the 
     total amount of $20,760 less $3640 which he received 
     in state unemployment benefits, or $17,120 net back 
     pay;

     b.  Samuel Knotts is entitled to costs of $508;
                                   
     c.  Samuel Knotts is entitled to interest on the 
     above two awards in the amount of $1,762.80; and

     d.  The Secretary of Labor is entitled to a civil 
     penalty in the amount of $1000 for the violation of 
     the Mine Act.

     The Secretary sought a civil penalty of $25,000 in 
this case which I find to be clearly unwarranted.  This 
was a relatively close "mixed-motives" case where the 
complainant prevailed by the thinnest of margins.  The 
record also indicates that the respondents herein are 
experiencing serious financial difficulties in the coal 
mining business including several hundred thousand dollars 
in unpaid civil penalties. These difficulties, combined 
with the back pay, costs, and interest being awarded to
the complainant herein, lead me to conclude that $1000 is 
an appropriate civil penalty pursuant to the criteria 
contained in section 110(i) of the Act.  I also believe 
that the total monetary award to the complainant in this 
case is itself a serious disincentive against future
violations of the discrimi-nation provisions of the Mine
Act by these respondents.

                                ORDER

     1.  Respondents ARE ORDERED TO PAY the complainant 
     the amounts set forth herein as back pay, costs, and 
     interest awards within 30 days of this order.

     2.  Respondents ARE ORDERED TO PAY the Secretary of 
     Labor the amount set forth above as a civil penalty 
     within 30 days of the date of this order.

     3.  This Decision and the Decision of June 20, 1995, 
     together constitute my final disposition of the 
     issues in this proceeding.  Upon payment of the 
     amounts referred to in Paragraph Nos. 1 and 2, above, 
     this case IS DISMISSED.
                                          

                                Roy J. Maurer
                                Administrative Law Judge
                                    

Distribution:

James V. Blair, Esq., Office of the Solicitor, U. S. 
Department of Labor, 4015 Wilson Boulevard, Arlington, VA 
22203 (Certified Mail)

Paul O. Clay, Jr., Esq., Laurel Creek Road, P. O. Box 746,
Fayetteville, WV 25840 (Certified Mail)

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