[DOCID: f:kent99248c.wais] J & C MINING, L.L.C., and MANALAPAN MINING COMPANY, INC. January 19, 2001 KENT 99-248-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 January 19, 2001 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA) : on behalf of GRANT NOE, JR. : : v. : Docket No. KENT 99-248-D : J & C MINING, L.L.C., and : MANALAPAN MINING COMPANY, INC. : BEFORE: Jordan, Chairman; Riley, Verheggen, and Beatty, Commissioners ORDER BY THE COMMISSION: In this discrimination proceeding arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1994) ("Mine Act"), Administrative Law Judge Gary Melick concluded that Grant Noe, Jr.'s refusal to transfer from the first shift to the third shift was not protected, and that J & C Mining, L.L.C. did not constructively discharge Noe in violation of section 105(c)(1) of the Mine Act, 30 U.S.C. § 815(c)(1). 22 FMSHRC 404, 410 (Mar. 2000) (ALJ). The judge consequently dismissed Noe's discrimination complaint. Id. at 411. On April 25, 2000, the Commission granted the Secretary's petition for discretionary review challenging the judge's decision. On December 4, 2000, the parties filed a Joint Motion For An Order To Approve Settlement ("Joint Motion") and a General Release And Agreement ("Agreement"). In light of the parties' agreement to the terms of the settlement, we dismiss this matter and grant the parties' request to maintain the confidentiality of the Agreement to the extent permitted by law. Accordingly, this proceeding is dismissed. Mary Lu Jordan, Chairman James C. Riley, Commissioner Theodore F. Verheggen, Commissioner Robert H. Beatty, Jr., Commissioner Distribution Brian Dougherty, Esq. Office of the Solicitor U.S. Department of Labor 2002 Richard Jones Rd., Suite B-201 Nashville, TN 37215 Jack Powasnik, Esq. Office of the Solicitor U.S. Department of Labor 4015 Wilson Blvd., Suite 400 Arlington, VA 22203 Susan C. Lawson, Esq. Lawson & Lawson, PSC P.O. Box 837 Harlan, KY 40831 Administrative Law Judge Gary Melick Federal Mine Safety & Health Review Commission Office of Administrative Law Judges 5203 Leesburg Pike, Suite 1000 Falls Church, VA 22041