Ezel / Agency Decisions / CENT 81-13-D

Secretary of Labor (MSHA) on behalf of Milton Bailey v. Arkansas-Carbona Company and Michael Walker (ALJ decision, April 12, 1984)

Secretary of Labor on behalf of Milton Bailey v. Arkansas-Carbona Company and Michael Walker (FMSHRC CENT 81-13-D): Back pay and interest set on remand

Decision type
ALJ decision
Docket
CENT 81-13-D
Decided
April 12, 1984
Presiding judge
Gary Melick
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1984 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1984
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision on remand under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It implements an earlier Commission remand concerning Bailey's remedy and is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission remanded Milton Bailey's discrimination case to determine the end date and amount of his back pay and interest. Bailey limited his wage claim to April 12, 1982, when Arkansas-Carbona Company and Michael Walker ceased business operations, even though he later told the Secretary he no longer wanted reinstatement. The respondents did not dispute his revised claim. Judge Gary Melick accepted $21,399.96 in back wages and $5,091.93 in interest and ordered the company and Walker jointly and severally to pay Bailey $26,491.89 upon receipt of the decision. This order fixes a remedy rather than a civil penalty.

Decision snapshot

  • Governing issue: Back pay and interest after a Commission remand in a discrimination case.
  • Outcome: $26,491.89 awarded to Bailey, payable jointly and severally by the two respondents.
  • Key point: The judge accepted the undisputed revised remedy calculated through the date the respondents stopped operating.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ARKANSAS & MICHAEL
DDATE:
19840412
TTEXT:
~917

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 81-13-D
ON BEHALF OF
MILTON BAILEY,
MSHA Case No. MADI CD 80-11
COMPLAINANT
v. Bradley-Stephen No. 1 Mine

ARKANSAS-CARBONA COMPANY

AND

MICHAEL WALKER,
RESPONDENTS

DECISION

Before: Judge Melick

This proceeding is before me on remand from the Commission, 5 FMSHRC at 2056, for a determination in accordance with that decision of the date on which Mr. Bailey informed the Secretary that he no longer sought reinstatement and of the back wages and interest to be awarded Mr. Bailey.

While the Secretary notes that Mr. Bailey informed the Secretary's representative in April 1983, that he no longer sought reinstatement, Mr. Bailey claims back wages only until April 12, 1982, when the Respondents ceased business operations. The Complainant has therefore recomputed a claim, in accordance with the Commission's directive, for $21,399.96 in back wages and $5,091.93 in interest. The claim is not disputed by the Respondents and is therefore accepted as final.

Wherefore, the Respondents, Arkansas-Carbona Company and Michael Walker are hereby ordered jointly and severally to pay to Complainant upon receipt of this decision, the total amount of $26,491.89.

Gary Melick
Assistant Chief Administrative Law Judge

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