. CYPRUS PLATEAU MINING CORP. WEST 97-154-D March 15, 2002 FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280 DENVER, CO 80204-3582 303-844-3993/FAX 303-844-5268 March 15, 2002 PAMELA BRIDGE PERO, : DISCRIMINATION PROCEEDING Complainant : : Docket No. WEST 97-154-D v. : DENV CD 96-21 : CYPRUS PLATEAU MINING CORP., : Star Point No. 2 Respondent : Mine ID 42-00171 REMAND DECISION APPROVING SETTLEMENT Before: Judge Cetti This proceeding was originally initiated by a complaint by Pamela Bridge Pero (hereinafter "Pero") under the provisions of Section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 802 et seq., the "Act." Om December 22, 2000, the Commission remanded the Judge's decision of September 1998 for further consideration, consistent with the Commission decision of December 2000. Although Pero and Respondent Cyprus Plateau Mining Corporation had every opportunity to present additional evidence, they decided to settle the case without further litigation. The joint motion for settlement, signed by all parties and their respective attorneys, was filed on March 11, 2002. The parties agree that this settlement agreement constitutes a final disposition of all issues in this case. The settlement agreement contains provisions concerning consideration, release of claims, and other matters that the parties also wish to remain confidential. I reviewed the motion and settlement agreement and conclude that the proposed settlement is reasonable and in the public interest. The motion to approve settlement is GRANTED, and the parties are ORDERED to comply with the terms and conditions in the settlement agreement. The terms of the settlement are to remain CONFIDENTIAL. Consequently, the envelope in the official file that contains confidential documents PLACED UNDER SEAL, is subject to review by the Commission only or other appellate bodies. August F. Cetti Administrative Law Judge Distribution: Mark W. Nelson, Esq., HALL & EVANS, LLC, 1200 17th Street #1700, Denver, CO 80202 R. Henry Moore, Esq., BUCHANAN INGERSOLL PROFESSIONAL CORP., One Oxford Centre, 301 Grant Street 20th Floor, Pittsburgh, PA 15219-1410 /ek