Secretary of Labor on behalf of Loren E. Nielsen v. Stewart Stone, Inc. (ALJ decision, June 21, 1984)

Plain-English summary

The Secretary of Labor filed a Mine Act discrimination complaint on behalf of Loren E. Nielsen after his discharge from Stewart Stone. The parties agreed that Stewart Stone would pay Nielsen $3,000 to resolve claims arising from his employment and termination. Nielsen agreed to withdraw his discrimination complaints, and the Secretary withdrew a request for a civil penalty. Judge Virgil E. Vail approved the settlement and dismissed the case. The decision does not decide whether the discharge violated the Mine Act.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(2).
• Outcome: Settlement approved and case dismissed; $3,000 payment to Nielsen and no civil penalty assessed.
• Key point: The complaint ended by agreement without a ruling on the alleged discrimination.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. STEWART STONE
DDATE:
19840621
TTEXT:
~1560

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 84-11-DM
ON ON BEHALF OF
MSHA Case No. MD 83-34
LOREN E. NIELSEN, SR.,
COMPLAINANT
Bird Quarry & Plant
v.

STEWART STONE, INC.,
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Vail

This case is before me upon the complaint filed by the Secretary of Labor on behalf of Loren E. Nielsen, Jr., under section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (the "Act"), for an alleged unlawful discharge on or about May 13, 1983. The parties have filed a joint stipulation of settlement and proposed order of dismissal in which respondent has agreed to pay Mr. Nielsen $3,000.00 in settlement of, on account of, or arising out of his employment relationship with respondent, specifically the termination of his employment and/or any alleged discriminatory employment practice committed by respondent against the complainant at any time prior to the execution of the agreement. Nielsen seeks to withdraw any and all complaints of discrimination filed with Federal Mine Safety and Health Administration including the complaint above. The Secretary also seeks to withdraw its request for a civil penalty. Each party agrees to bear his own fees and other expenses incurred herein.

I have considered the representations and documentation submitted in this case, and I conclude that the proferred disposition is appropriate.

WHEREFORE, the proposed settement is APPROVED and this case is DISMISSED.

Virgil E. Vail
Administrative Law Judge