.
NEWMONT GOLD COMPANY
April 11, 1996
WEST 95-228-DM


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            April 11, 1996

LANCE A. PAUL,                  :  DISCRIMINATION PROCEEDING
               Complainant      :
                                :
           v.                   :  Docket No. WEST 95-228-DM
                                :  MSHA Case No. WE MD 95-04
NEWMONT GOLD COMPANY,           :
               Respondent       :  Gold Quarry
                                :  Mine ID 26-00500

                        SUPPLEMENTAL DECISION

Appearances:  Lance  A. Paul, pro se, Elko, Nevada, for
              the Complainant; Charles W. Newcom, Esq.,
              Sherman & Howard L.L.C., Denver, Colorado,
              for the Respondent.

Before:  Judge Feldman

     This case was heard on November 28 and 29, 1995, in
Elko, Nevada.  This matter is before me based upon a
discrimination complaint filed on March 1, 1995, pursuant to
section 105(c)(3) of the Federal Mine Safety and Health Act
of 1977 (the Mine Act), 30 U.S.C.  815(c)(3) by the
complainant, Lance A. Paul, against the respondent, Newmont
Gold Company (Newmont).

     On February 22, 1996, a decision on liability was
released wherein it was determined that Newmont's November 10,
1994, discharge of Lance Paul was discriminatorily motivated
and in violation of section 105(c) of the Mine Act. 18 FMSHRC
181. Consequently, the parties were ordered to confer for
the purpose of stipulating to 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 Newmont declined to reinstate Paul to his
former, or an equivalent, position.

     The Parties filed a joint Stipulation for Settlement
on April 8, 1996. The terms of the settlement are as
follows:

          1.  Newmont Gold Company will pay Lance Paul
     a total of $147,253.58 for which Lance Paul waives
     reinstatement with Newmont Gold Company.  This
     settlement will be paid in two checks. One check
     will be issued in  the amount of $62,933.30
     representing back wages, and one lump sum amount
     of $84,320.28 to  over interest, COBRA reimbursement,
     accounting fees, and payment in lieu of reinstatement
     and in fulfillment of all obligations.  The check
     representing back wages will be adjusted to account
     for mandated payroll taxes.

          2.  Newmont Gold Company agrees that it will not
     appeal the decision of February 22, 1996, of
     Administrative  Law Judge Feldman,  if  Judge
     Feldman's final decision and order approves this
     agreement to settle this matter.  Newmont Gold
     Company agrees that any potential appeal of the
     civil  penalty  will  be independent of this
     agreement. Payment will be made immediately upon
     receiving Judge Feldman's final  decision and
     order.

                                ORDER

     In view of the parties agreement, the terms of the
proposed stipulation  establishing  a total payment of
$147,253.58 to Lance Paul, representing  back pay and
economic reinstatement, as the appropriate relief under
section 105(c) of the Mine Act IS APPROVED.  Payment shall
be made to Paul within 30 days of the date of this decision.
IT IS ORDERED that Newmont expunge all disciplinary records
related to Paul's November 10, 1994, discharge from Paul's
employment file.  Consistent with the terms of the parties'
stipulation, nothing herein shall prejudice Newmont's right
to contest the civil penalty proposed by the Secretary in
this matter.[1]


     Upon timely payment to Paul of the agreed upon relief,
and, upon Newmont's excision of all pertinent references to
Paul's discharge in his employment records, this matter
IS DISMISSED.  This decision and the February 22, 1996,
decision on liability constitute the final disposition in
this proceeding.


                                 Jerold Feldman
                                 Administrative Law Judge


Distribution:

Lance A. Paul, P.O. Box 21115, Crescent  Valley,  NV
89821  (Certified Mail)

Lance A. Paul, c/o Operating Engineers  Local  3,  1094
Lamoille Highway, Elko,  NV  89801 (Certified Mail)

Charles W. Newcom, Esq., Sherman & Howard L.L.C., First
Interstate Tower North, 633 Seventeenth  Street,  Suite
3000,  Denver,  CO  80202 (Certified Mail)

Don R. Hullinger, Director, Human Resources, Newmont Gold
Company, P.O. Box 669, Carlin, Nevada (Certified Mail)

/mca


**FOOTNOTES**

     [1]:  On March 18, 1996, the Secretary filed a Petition
for Assessment of Civil Penalty seeking the imposition of a
$9,000.00  civil  penalty  as a consequence of Paul's
discharge.