.
MUTUAL MINING, INC.
August 2, 1996
WEVA 93-394-D

        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                         August 2, 1996

SECRETARY OF LABOR,             :   DISCRIMINATION PROCEEDINGS
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :
  ON BEHALF OF                  :
  CLETIS R. WAMSLEY,            :   Docket No. WEVA 93-394-D
                                :   Hope CD 93-01, 93-01
                                :
ROBERT A. LEWIS,                :   Docket No.WEVA 93-395-D
                                :   Hope CD 93-02
                                :
JOHN B. TAYLOR,                 :   Docket No.WEVA 93-396-D
                                :   Hope CD 93-04
                                :
CLARK D. WILLIAMSON, AND        :   Docket No. WEVA 93-397-D
                                :   Hope CD 93-07
                                :
SAMUEL COYLE,                   :   Docket No. WEVA93-398-D
               Complainants     :   Hope CD 93-11
                                :
          v.                    :
                                :   Mutual Mine I
MUTUAL MINING, INC.,            :
               Respondent       :

              DECISION ON DAMAGES FOLLOWING REMAND

Before:  Judge Amchan

     On June 24, 1994, I found that Respondent had violated
section 105(c) of the Act in discharging the Complainants on
December 21, 1992.  Subsequently, on November 30, 1994, I granted
the Secretary of Labor's motion for summary judgment on the issue
of damages.  I ordered Respondent to pay the following amounts to
the respective Complainants:

          Cletis Wamsley         $35,880.88
          Clark D. Williamson    $ 5,203.31
          Samuel Coyle           $19,667.81
          John B. Taylor         $23,132.15
          Robert A. Lewis        $46,825.73

16 FMSHRC 2371, 2372.

     However, in accordance with Commission precedent at the
time, I stated that Complainants must subtract any amounts
received in unemployment compensation benefits from the back pay
award and return those amounts to Respondent, if such amounts had
been paid, 16 FMSHRC 2372 n. 1.

     In accordance with the decision of the Court of Appeals
decision in Secretary of Labor v. Mutual Mining, Inc.,
80 F.3d 110(4th Cir. 1996) and the ensuing Commission remand
order, I hereby order Respondent to pay the amounts stated above
in full.  If any back-pay has been returned to Respondent
pursuant to my November, 1994 decision, Respondent is ORDERED to
pay these amounts back to the individual Complainants within
45 calendar days of this decision.  Upon payment of these amounts
these cases are dismissed.

                              Arthur J. Amchan
                              Administrative Law Judge

Distribution:

Robert S. Wilson, Esq., Office of the Solicitor,
U.S. Department of Labor, 4015 Wilson Boulevard,
Room 516, Arlington, VA 22203 (Certified Mail)

W. Jeffrey Scott, Esq., 311 Main Street, P.O. Box 608,
Grayson, KY 41143 (Certified Mail)

Mr. Johnny Porter, Route 1, Box 700, Sandy Hook, KY 41171
(Certified Mail)

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