<DOC>
[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