Ezel / Agency Decisions / cent-89-25-d-alj
FMSHRC ALJ decision Docket CENT 89-25-D Decided June 20, 1989 Settled Judge James A. Broderick

Don Griffith Construction

Don Griffith Construction (FMSHRC CENT 89-25-D): Discrimination settlement approved and case dismissed

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This order from 1989 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 1989
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 order, not Commission precedent
This decision by a FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Charles Herren brought a Mine Act discrimination proceeding against Don Griffith Construction. The parties amended their settlement so the respondent would pay Herren $2,000, representing three weeks of back wages and damages. Judge James A. Broderick approved the agreement under section 105(c) and dismissed the proceeding subject to payment.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The settlement was approved, and the proceeding was dismissed subject to payment of $2,000.
  • Key point: The ALJ approved a settlement resolving the complainant's claimed back wages and damages after the employer completed its job and laid off its crew.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. D. GRIFFITH CONSTRUCTION
DDATE:
19890620
TTEXT:

~1194
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. CENT 89-25-D
ON BEHALF OF CHARLES DENC CD 88-14
ARLES HERREN,
COMPLAINANT Jewett Mine

      v.

DON GRIFFITH CONSTRUCTION,
RESPONDENT

           DECISION APPROVING SETTLEMENT ORDER OF DISMISSAL

Before: Judge Broderick

 On June 18, 1989, the Secretary filed a new motion to

approve settlement and an amended settlement agreement. By the
settlement agreement, Respondent will pay to Charles Herren the
sum of $2000 "in full payment of all backwages and damages
alleged dur in this case." The $2000 represents three weeks back
wages. Respondent completed its job and laid off all its crew at
the worksite, three weeks after Herren left its employ.

 I have considered the motion in the light of the purposes of

section 105(c) of the Act and conclude that it should be
approved.

 Accordingly, the settlement agreement is APPROVED, and,

subject to the payment by Respondent of $2000 to complainant
Herren, this proceeding is DISMISSED.

                              James A. Broderick
                              Administrative Law Judge

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