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LAKEVIEW ROCK PRODUCTS
August 13, 1998
WEST 98-6-DM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                    1244 SPEER BOULEVARD #280
                      DENVER, CO 80204-3582
                  303-844-3993/FAX 303-844-5268


                         August 13, 1998

SECRETARY OF LABOR,             :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. WEST 98-6-DM
  on behalf of JEFFERY S. SILL, :
              Complainant       :
                                :
          v.                    :
                                :  Lakeview Rock Products
LAKEVIEW ROCK PRODUCTS,         :  Mine ID 42-01975
              Respondent        :

                            DECISION

Appearance:  Edward Falkowski, Esq., Office of the Solicito
             U.S. Department of Labor, Denver, Colorado,
             for Complainant; Gregory M. Simonsen, Esq.,
             Kirton & McConkie, Salt Lake City, Utah,
             for Respondent.

Before:  Judge Cetti

     This proceeding concerns a complaint of alleged
discrimination filed by the Secretary of Labor against the
Respondent pursuant to section 105(c)(2) of the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2) (the "Act").
The complaint was filed on behalf of Jeffery S. Sill, a former
employee of the Respondent who claimed that his employment was
illegally terminated on March 26, 1997.  The Respondent denied
any discrimination and it contended that Mr. Sill quit his
employment with Respondent.

     Mr. Sill was employed by Respondent as a loader operator.
Three weeks after his alleged unlawful termination on March 26,
1997, Mr. Sill returned to work as a loader operator with another
employer.  Thus, at the time the original complaint was filed on
October 6, 1997, Mr. Sill was still fully employed as loader
operator and claimed only for the three weeks of back-pay that it
took him to find the new job in April 1997.

     In early December 1997, however, Mr. Sill was laid off from
his new employment due to the slack winter season.  He remained
unemployed for a period of time and then returned to work for
yet another employer as a loader operator.  He is still
continuing with that employment at the present time.

     When the parties were unable to resolve their differences,
the case was set for hearing.  The hearing included the direct
and cross-examination of the Complainant.  At the end of the
hearing, the parties in open court agreed to settle the case.
Under the terms of the agreement that the parties entered into
the record, Respondent without admitting a violation of section
105(c) of the Act agreed to pay $1,000.00 to Complainant to cover
any losses he may have and pay a civil penalty of $1,500.00 to
MSHA.  The parties also agreed as a part of the settlement that
there will be no 110(c) action against any agent of the
Respondent based upon any allegation of unlawful discrimination
against Jeffery S. Sill under section 105(c) of the Act.

     Based upon the exhibits and the testimony given at the
hearing, I approve the settlement entered into the record at the
hearing.  I find it is consistent with the statutory criteria set
forth in § 110(i) of the Act.

                              ORDER

     Respondent, if it has not previously done so, is ORDERED TO
PAY within the next 30 days, $1,000.00 to Jeffery S. Sill and a
civil penalty of $1,500.00 to the Secretary of Labor.  Upon
receipt of timely payment, this case is dismissed.


                               August F. Cetti
                               Administrative Law Judge


Distribution:

Edward Falkowski, Esq., Office of the Solicitor, U.S. Department
of Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716
(Certified Mail)

Gregory M. Simonsen, Esq., KIRTON & McCONKIE, 1800 Eagle Gate
Tower, 60 East South Temple, P.O. Box 45120, Salt Lake City, UT
84145-0120   (Certified Mail)

/sh