Michael Sonney v. Alamo Cement Co., Ltd. (ALJ decision, April 20, 2007)

Plain-English summary

Michael Sonney filed a Mine Act discrimination complaint against Alamo Cement Company. An earlier order dismissed the complaint as moot, conditioned on Alamo providing written assurances that it would give neutral employment references and had removed disciplinary references from Sonney’s personnel file. Alamo filed the required representation on April 16, 2007. Judge Jerold Feldman therefore dismissed the complaint with prejudice.

Decision snapshot

• Cited provision: 30 U.S.C. § 815(c)(3)
• Outcome: Sonney’s discrimination complaint was dismissed with prejudice after Alamo filed the required written assurances.
• Key point: The conditional dismissal became effective when the employer confirmed neutral references and removal of disciplinary references.

Full text (FMSHRC public release)

FMSHRC ALJ Decision

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, DC 20001

April 20, 2007

MICHAEL SONNEY,

Complainant

v.

ALAMO CEMENT CO., LTD.,

Respondent

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:

:

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DISCRIMINATION PROCEEDING

Docket No. CENT 2007-1-DM

SC MD 2006-08

1604 Plant & Quarry

Mine ID 41-03019

FINAL ORDER

Before: Judge Feldman

This case is before me based on a discrimination complaint filed with this Commission
pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, as amended,30 U.S.C. § 815(c)(3) (the Mine Act). The complaint was filed by Michael Sonney against the
respondent, Alamo Cement Company, LTD (Alamo).

Sonney’s discrimination complaint was dismissed as moot by Order dated April 4, 2007.
The Order noted that dismissal of Sonney’s complaint would become effective upon Alamo’s
timely filing of written assurances that it would provide neutral employment references to
Sonney’s prospective employers, and that all disciplinary references had been removed from
Sonney’s personnel record. 29 FMSHRC , slip op. at 7.

The required written representation was filed by Alamo’s counsel on April 16, 2007.

Accordingly, Sonney’s discrimination complaint IS DISMISSED with prejudice.  

Jerold Feldman

Administrative Law Judge

Distribution: (Certified Mail)

Michael Sonney, 405 Skyforest Drive, San Antonio, TX 78232

Robert G. Newman, Esq., Jeffrey L. Bryan, Esq., Fulbright & Jaworski LLP, 300 Convent Street,
Suite 2200, San Antonio, TX 78205

Adele L. Abrams, Esq., CMSP, Law Office of Adele L. Abrams, PC, 4740 Corridor Place,

Suite D, Beltsville, MD 20705

/mh