Ideal Basic Industries, Inc.

Plain-English summary

Thirteen complainants and Ideal Basic Industries reached a settlement in a discrimination proceeding involving the Ada Quarry and Plant. The company agreed not to restrict employees solely because they filed state workers' compensation claims based on work-related disabilities, to comply with Mine Act section 105(c), and to expunge employment records of references to the matters. It also agreed to pay R. Gene Myers $637 less statutory deductions, pay an $11,000 civil penalty, and pay its own expenses. The Secretary withdrew the discriminatory-discharge claims, while the individual complainants retained their statutory rights to pursue those claims independently. Judge Michael A. Lasher, Jr. approved the settlement and dismissed the complaint with prejudice subject to those rights.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(c)(3); 29 C.F.R. §§ 2700.40(b), 2700.41(b), and 2700.42(a).
• Outcome: The settlement was approved, the complaint was dismissed with prejudice except for individual discriminatory-discharge claims, and Ideal Basic was ordered to pay $11,000 in civil penalties and $637 less deductions in back pay.
• Key point: Approval of the settlement ended the Secretary's case while preserving the individual complainants' statutory rights to pursue discriminatory-discharge claims.

Full text (FMSHRC public release)

CASE:
SOL (MSHA) V. IDEAL BASIC INDUSTRIES
DATE:
19890803
TEXT:

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 88-142-D
ON BEHALF OF THIRTEEN
COMPLAINANTS, Ada Quarry & Plant
COMPLAINANT

      v.

IDEAL BASIC INDUSTRIES, INC.,
RESPONDENT

                   DECISION APPROVING SETTLEMENT

Before: Judge Lasher

 The parties have reached an amicable resolution of this

matter and on July 28, 1989, filed their motion for approval of
settlement.

 Pursuant to their settlement agreement, the parties reached

the following accord:

 1. Respondent agrees (a) not to impose requirements or

restrictions upon its employees solely due to the employees'
filing of State Workers Compensation claims based on disabilities
allegedly caused by hazardous conditions existing in their work
environment, (b) to comply with the provisions of Section 105(c)
of the Federal Mine Safety and Health Act, and (c) that the
employment records of the individual complainants will be
completely expunged of all references to the circumstances
involved in these matters.

 2. Respondent agrees to submit to the counsel for Petitioner

(Complainant) a certified or cashier's check payable to
individual Complainant R. Gene Myers in the amount of $637 less
statutory deductions for FICA, state and federal tax withholding
in full settlement of a claim for backwages due to R. Gene Myers
arising from his five-day suspension for failing to comply with
Respondent's work rules regarding respiratory and noise
protection. This payment in no way prejudices R. Gene Myers'
right to pursue his allegation of discriminatory discharge.

 3. Respondent agrees to submit to the "Mine Safety and Health

Administration-Labor" (Office of Assessments, 4015 Wilson
Boulevard, Arlington, VA, 22203) a certified or cashier's check
in the amount of $11,000, which civil money penalty represents
the full penalties to be assessed against Respondent in
connection with all complained of activity, excluding discharge,
asserted by complainants.

 4. Petitioner agrees to withdraw from prosecuting its claims

of discriminatory discharge. Complainant (Petitioner), i.e., the
Secretary of Labor, after further review and evaluation, has
determined that there is an insufficient basis for the Secretary
to proceed with the claim of discriminatory discharge of any of
the complainants. Pursuant to the parties' agreement, the
individual complainants have been advised of this decision by the
Solicitor's Office and have been informed that they can reserve
their statutory rights to proceed independently. Accordingly,
upon dismissal of the Secretary's case, the complainants are to
be afforded their full statutory rights pursuant to 30 U.S.C.
815(c)(3) and 29 C.F.R. §§ 2700.40(b), 2700.41(b), and 2700.42(a).
See Roland v. Secretary of Labor, 3 MSHC 1770 (1985).

 (Complainant and Respondent have agreed that the Secretary

of Labor's withdrawal shall not prejudice the rights of the
individual claimants to pursue, pursuant to 30 U.S.C. 815(c)(3)
and 29 C.F.R. §§ 2700.40(b), 2700.41(b), and 2700.42(a), their
allegations of discriminatory discharge).

 5. Each party has agreed to bear its own fees and other

expenses incurred by such party in connection with any stage of
this proceeding.

 6. The parties have agreed that, except for actions under

the Federal Mine Safety and Health Act, none of the foregoing
agreements, statements, stipulations and actions taken by
Respondent shall be deemed an admission by Respondent of the
allegations contained in the Complainant's (Petitioner's) charge
or the complaint filed by the Petitioner or the Motion to Approve
this settlement agreement. The agreements, statements,
stipulations, findings and actions taken herein are made for the
purpose of amicably and economically settling disputed issues of
fact and law and they shall not be used for any purpose except
for proceedings arising under the enforcement of the Federal Mine
Safety and Health Act or the terms of their agreement.

 It is concluded that the settlement reached is appropriate

and such is here approved.

                             ORDER

 (1) The Complaint herein is dismissed with prejudice except

as to any charges of discriminatory discharge brought directly by
individual complainants which shall be without prejudice to any
rights that they may have pursuant to statute, 30 U.S.C. Section
815(c) and 29 C.F.R. Sections 2700.40(b), 2700.41(b), and
2700.42(a).

 (2) Within five working days of receipt of this order of the

Administrative Law Judge approving the Settlement Agreement,
counsel to the Secretary of Labor will send to each complainant a
copy of the order and settlement agreement, certified mail,
return receipt requested. This action by the Solicitor shall
be the formal notification of withdrawal pursuant to 30 U.S.C.
815(c)(3) and 29 C.F.R. § 2700.40(b).

 (3) Respondent shall pay a civil penalty totaling

$11,000.00 to the Secretary of Labor within 30 days from the date
hereof.

 (4) Within 30 days from the date of issuance hereof,

Respondent shall pay to R. Gene Myers back pay described herein
($637.00 less deductions).

                             Michael A. Lasher, Jr.
                             Administrative Law Judge