United Steel Workers of America, Local 4880 (ALJ decision, October 3, 2001)

Plain-English summary

The Secretary brought a discrimination complaint on behalf of Lee Garrett against Alcoa World Alumina, LLC, with United Steel Workers of America, Local 4880, participating as an intervenor. The parties reported an amicable settlement, Garrett sought to withdraw his complaint, and the Secretary moved to withdraw her civil penalty petition. Judge T. Todd Hodgdon granted the motions to withdraw and dismissed the case, canceling the scheduled hearing.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c); 29 C.F.R. § 2700.11
• Outcome: The withdrawal motions were granted and the discrimination case was dismissed after settlement.
• Key point: A Judge may approve withdrawal of pleadings and dismiss a discrimination proceeding after the parties reach an amicable settlement.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 Skyline, Suite 1000
5203 Leesburg Pike
Falls Church, Virginia 22041

October 3, 2001

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2001-146-DM
ON BEHALF OF : SC MD 00-25
LEE GARRETT,
:
Complainant : Arkansas Operations Mill
:
UNITED STEEL WORKERS OF AMERICA, :
LOCAL 4880
:
Intervenor :
: Mine ID 03-00257
v. :
:
ALCOA WORLD ALUMINA, LLC, and :
its successors,
:
Respondent :

DECISION

Appearances: Madeleine T. Le, Esq., Tina D. Campos, Esq., and Connie M. Ackerman, Esq., Office of the Solicitor, U.S. Department of Labor, Dallas, Texas, for Complainant;
Dan A. Henry, President, United Steel Workers of America, Local 4088, Benton, Arkansas, pro se, for Intervenor;
Harold J. Engel, Esq., and Rebecca E. Silberbogen, Esq., Arent Fox Kintner Plotkin & Kahn, PLLC, Washington, D.C., for Respondent.

Before: Judge Hodgdon

This case is before me on a Complaint of Discrimination brought by the Secretary of Labor, acting through her Mine Safety and Health Administration (MSHA), on behalf of Lee Garrett, against Alcoa World Alumina, LLC, under Section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c). A hearing was held in Benton, Arkansas, on July 24, 2001. Further proceedings in the case were continued until October 9, 2001. For the reasons set forth below, the case is dismissed.

The parties have filed a Motion to Dismiss the proceedings because they “have reached an amicable settlement of the issues” and the Complainant has stated that he wishes to withdraw his

1141

Page 2

complaint. In a separate filing, the Secretary has moved to withdraw her Petition for Assessment of Civil Penalty. Commission Rule 11, 29 C.F.R. § 2700.11, provides that "[a] party may withdraw a pleading at any stage of a proceeding with the approval of the Judge or t he Commission."

Accordingly, the motions for leave to withdraw are GRANTED and it is ORDERED that this case is DISMISSED. In view of the dismissal, the hearing scheduled for October 9, 2001, is CANCELED.

T. Todd Hodgdon
Administrative Law Judge

Distribution: (Certified Mail)

Madeleine Le, Esq., Tina D. Campos, Esq., U.S. Department of Labor, Office of the Solicitor 525 South Griffin Street, Suite 501, Dallas, TX 75202

Mr. Daniel A. Henry, United Steel Workers of America, Local 4088, P.O. Box 331, Benton, AR 72018

Harold J. Engel, Esq., Arent Fox Kinter Plotkin & Kahn PLLC , 1050 Connecticut Avenue N.W., Washington, D.C. 20036

/nt

1142