.
NEWMONT GOLD COMPANY
May 15, 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

                          May 15, 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

            DECISION APPROVING PROPOSED CIVIL PENALTY

Before:  Judge Feldman

     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.     A   Supplemental
Decision  approving  the   parties' Joint  Stipulation  for  Settlement
awarding    Lance   Paul   economic reinstatement     in     lieu    of
reemployment  was  issued on  April 11, 1996.  18 FMSHRC   .

     The   February  22,  1996  decision  on  liability,   citing
Commission  Rule 44(b), 29 C.F.R.  2700.44(b), requested the Secretary
to   consider  filing   with   this Commission  an appropriate petition
for  the  purpose  of  proposing  a civil penalty for
Newmont Gold Company's violation of section 105(c) of the Mine Act.

     On  March  18,  1996,  the Secretary filed  a  Petition  for
Assessment    of    Civil   Penalty proposing  imposition  of  a  civil
penalty   of  $9,000.00   in   this matter.  On  May  7, 1996, Newmont,
through counsel, filed  a  response to the Secretary's Petition stating
that,    "in   the   interests   of completing   this   matter  without
further   cost   and   expense   of litigation,  [it] does not  contest
the  proposed penalty  assessment." I   construe    the    respondent's
decision to pay the proposed  civil penalty  as  a  motion  to  approve
settlement.

                              ORDER

     I  have  considered  the record in this case, and I conclude
that  the  proffered  settlement is appropriate under the criteria  set
forth in Section 110(i) of the Act. WHEREFORE,   IT   IS  ORDERED  that
Newmont Gold Company tender payment of a civil penalty  of $9,000.00 to
the    Mine   Safety   and   Health Administration  in  satisfaction of
the  subject violation  of  section 105(c)  of  the  Mine Act.  Payment
shall  be made within  30  days  of this decision.  Upon timely receipt
of   this    civil   penalty,   and Newmont's timely payment to Paul of
the stipulated  relief as specified in the April 11,  1996, decision on
damages, this case IS DISMISSED.

                                        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)

Mark R. Malecki, Esq., U.S. Department of Labor,
Office of the Solicitor, 4015 Wilson Boulevard, Arlington,
VA 22203 (Certified Mail)

/mca