.
MORRILL ASPHALT PAVING
WEST 2001-150-DM
April 22, 2002


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    1244 SPEER BOULEVARD #280
                      DENVER, CO 80204-3582
                  303-844-3577/FAX 303-844-5268


                         April 22, 2002

MIKE FLETCHER,                 : DISCRIMINATION PROCEEDING
               Complainant     :
                               : Docket No. WEST 2001-150-DM
                               : WE MD 00-11
                               :
          v.                   :
                               : Portable Crusher #1
MORRILL ASPHALT PAVING,        : Mine I.D. 45-03357
               Respondent      :


                         FINAL DECISION
                       ORDER OF DISMISSAL


Appearances: Larry Larson, Esq., Lukins & Annis, Moses Lake, 
             Washington, for Complainant;
             Lewis L. Ellsworth, Esq., Gordon, Thomas,
             Honeywell, Malanca, Peterson & Daheim, Tacoma, 
             Washington, for Respondent.

Before: Judge Manning

     This case is before me on a complaint of discrimination
brought by Mike Fletcher against Morrill Asphalt Paving
("Morrill") under section 105(c)(3) of the Federal Mine Safety
and Health Act of 1977, 30 U.S.C. §815(c)(3) (the "Mine Act").
An evidentiary hearing was held in Wenatchee, Washington.  On
February 22, 2002, I entered my decision on the merits finding
that Morrill discriminated against Fletcher in violation of the
Mine Act.  24 FMSHRC 232.  I directed the parties to confer
and attempt to reach agreement on the relief to be awarded 
Fletcher. Fletcher did not seek reinstatement, but sought back 
pay through November 14, 2000, when the crusher was shut down.
After having conferred, the parties reached agreement on all 
outstanding relief issues.  On April 18, 2002, Fletcher filed 
a motion to dismiss this proceeding on the basis that he 
received the monetary settlement from Morrill that the parties 
agreed upon. The motion to dismiss is signed by Mr. Fletcher 
and his counsel.

                             ORDER

     Settlement of this case to the satisfaction of Mr. Fletcher
is in the public interest and it complies with the requirements
of the Mine Act.  Because Morrill fully satisfied the terms of
the parties' agreed upon settlement, the motion to dismiss is
GRANTED and this proceeding is DISMISSED.


                              Richard W. Manning
                              Administrative Law Judge


Distribution:


Larry Larson, Esq., Lukins & Annis, 1405 S Pioneer Way, Moses
Lake, WA 98837  (Certified Mail)

Lewis L. Ellsworth, Esq., Gordon, Thomas, Honeywell, P.O. Box
1157, Tacoma, WA 98401-1157  (Certified Mail)


RWM