.
COALFIELD SERVICES, INC.
December 2, 1997
WEVA 97-144-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, Suite 1000
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041

                           December 2, 1997


MATTHEW J. MATICS,                :   DISCRIMINATION PROCEEDING
            Complainant           :
                                  :
        v.                        :   Docket No. WEVA 97-144-D
                                  :   MSHA Case No. HOPE CD 97-07
COALFIELD SERVICES, INC.,         :
            Respondent            :   Mine ID No. 46-08436
                                  :   Upper Big Branch South Mine


                     DECISION

Appearances:  Matthew J. Matics, Handley, West Virginia, pro se;
E. Forrest Jones, Jr., Esq., Albertson & Jones, Charleston,
West Virginia, on behalf of Respondent.

Before:  Judge Bulluck

     This   case   concerns  a  discrimination  proceeding  filed
pursuant to Section  105(c)(3)  of  the  Federal  Mine Safety and
Health  Act of 1977, 30 U.S.C. § 815 (c)(3).  Matthew  J.  Matics
alleges that he was unlawfully laid off  by Coalfield Services in
October 1996, and seeks reinstatement to his job and backpay.

     A hearing on the merits was convened on October 28, 1997, in
Charleston,  West  Virginia.  At the hearing, the parties entered
into a settlement agreement  whereby Coalfield Services agreed to
pay to Matics the sum of $4,000.00, and Matics agreed to withdraw
his discrimination complaint.   The  settlement  was  accepted at
hearing.   That  determination  is  hereby  confirmed.  Coalfield
Services has provided documentation that, in  accordance with the
settlement agreement, it has paid Matics $4,000.00.

                                ORDER

     The settlement is appropriate and is in the public interest.
WHEREFORE,   the   approval  of  settlement  and  withdrawal   of
discrimination complaint  are  GRANTED,  and  Coalfield  Services
having  fully  complied  with  the  terms of the settlement, this
proceedings is DISMISSED.

                                        Jacqueline R. Bulluck
                                        Administrative Law Judge


Distribution:

Mr. Matthew  Matics, P.O. Box 74, Handley, WV 25102
(Certified Mail)

E. Forrest Jones, Jr., Esq., Albertson & Jones,
Number 13, Kanawha Blvd., W., Suite 200, P.O. Box 1989,
Charleston, WV 25327 (Certified Mail)

Mr. Chris Aker, Superintendent, Coalfield Services, Inc.,
Rt. 2, P.O. Box 365, Wytheville, VA 24382
(Certified Mail)

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