Secretary of Labor on behalf of Robert Jackson v. Lafarge North America, Inc. (ALJ decision, November 29, 2012)

Plain-English summary

The Secretary sought temporary reinstatement for Robert Jackson after Lafarge North America terminated his plant-operator employment. The parties agreed to economic reinstatement retroactive to November 9, 2012, with Jackson receiving his regular pay, increases, bonuses, and benefits. Judge Richard W. Manning approved the settlement and ordered the parties to follow its terms. He retained jurisdiction and directed the Secretary to complete the underlying discrimination investigation promptly.

Decision snapshot

• Cited provision: 30 U.S.C. § 815(c)(2)
• Outcome: The joint settlement was approved and Jackson received retroactive economic reinstatement.
• Key point: Temporary reinstatement may be satisfied through agreed economic reinstatement while the discrimination investigation continues.

Full text (FMSHRC public release)

Federal Mine Safety and Health Review Commission

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

721 19TH Street, Suite 443

Denver, CO 80202-2536

303-844-3577/FAX 303-844-5268

November 29, 2012

SECRETARY OF LABOR,   

MINE SAFETY AND HEALTH    

ADMINISTRATION (MSHA), 

on behalf of ROBERT JACKSON,  

Applicant   

v.

LAFARGE NORTH AMERICA, INC., 

Respondent  

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TEMPORARY REINSTATEMENT

PROCEEDING

Docket No. CENT 2013-74-DM

MSHA No. SE-MD-12-19

Courtney Ridge Plant

Mine I.D. 23-02239

ORDER GRANTING THE PARTIES’ JOINT MOTION TO APPROVE SETTLEMENT

ORDER OF TEMPORARY ECONOMIC REINSTATEMENT

This case is before me on an application for temporary reinstatement brought by the Secretary of Labor on behalf of Robert Jackson against Lafarge North America, Inc., (“Lafarge”) under section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(2) (the “Mine Act”). Jackson was terminated from his position as a plant operator on or about September 24, 2012.

On November 28, 2012, the parties executed a Joint Motion to Approve Settlement and Order Temporary Reinstatement (“Joint Motion”). The parties agree that Jackson will be economically reinstated and that this reinstatement will begin retroactively as of November 9, 2012. The Joint Motion provides a detailed description of the terms of the economic reinstatement and the rights and responsibilities of the parties, which are all incorporated into this order by reference. The Joint Motion provides, in part, that Jackson shall receive the rate of pay, including all pay increases, bonuses for which he would have otherwise been eligible, and all benefits at the rates he received immediately prior to his termination with any rate increases that may have occurred since his termination. Within five days of the parties’ execution of the Joint Motion, Lafarge shall pay Jackson a lump sum equal to his normal rate of pay for 40 hours per week, less regular deductions and withholdings, for the period between November 9, 2012, and the date that the Joint Motion was executed. Lafarge will thereafter pay Jackson his normal rate of pay via direct deposit. Jackson will also accumulate any and all other benefits he is entitled to that other Lafarge employees receive.

I have considered the representations and documentation submitted in this case and I conclude that the Joint Motion is appropriate under section 105(c)(2) of the Mine Act. The Joint Motion is GRANTED and the proposed settlement of this temporary reinstatement proceeding is APPROVED. The parties are ORDERED to comply with all the terms and conditions set forth in the Joint Motion. The Secretary is ORDERED to complete her investigation of the underlying discrimination complaint as soon as possible. The Secretary shall provide a report on the status of MSHA’s investigation of the discrimination complaint to the undersigned judge by no later than January 15, 2013. If the parties settle the underlying discrimination case, counsel for the Secretary shall immediately notify my office. Counsel for the Secretary shall also immediately notify my office if the Secretary determines that Lafarge did not violate section 105(c) of the Mine Act. I retain jurisdiction over this temporary reinstatement proceeding.

/s/ Richard W. Manning

Richard W. Manning

Administrative Law Judge

Distribution:

Justin Whitten, Esq., Office of the Solicitor, U.S. Department of Labor, Two Pershing Square Building, 2300 Main Street, Suite 1020, Kansas City, MO 64108 ([email protected]; First Class Mail)

Margaret S. Lopez, Esq., Ogletree, Deakins, Nash, 1909 K Street, NW., Suite 1000, Washington, DC 20006-1152 ([email protected]; First Class Mail)

Robert Jackson, 5520 Blue Valley Drive, Willington, MO 64097 (First Class Mail)

RWM