Secretary of Labor on behalf of John Koerner v. Arch Mineral Coal Company (Commission decision, June 15, 1979)

Plain-English summary

John Koerner had been temporarily reinstated to his job at Arch Mineral while a discrimination case proceeded. After the parties negotiated a settlement, the Secretary asked a judge to vacate the reinstatement order, but the record did not show whether Koerner agreed. The Commission requested a supplemental record to confirm that the miner voluntarily accepted the settlement and the end of temporary reinstatement. The new submissions showed that he did, so the Commission affirmed the judge's order. The release does not state the settlement's other terms.

Decision snapshot

• Governing provision: Section 105(c) of the 1977 Mine Act, concerning discrimination proceedings.
• Outcome: Order vacating temporary reinstatement affirmed after the miner's agreement was confirmed; settlement terms not stated.
• Key point: The Commission required proof that the miner whose rights were being settled had voluntarily agreed to end temporary reinstatement.

Full text (FMSHRC public release)

CCASE:
MSHA V. ARCH MINERAL COAL
DDATE:
19790615
TTEXT:

FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C.
June 15, 1979

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),

On behalf of John Koerner,
Applicant,

v. Docket No. DENV 78-564

ARCH MINERAL COAL COMPANY,
Respondent.

DECISION

This is a discrimination proceeding under section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.A.
$815(c)(1978). On September 12, 1978, on application of the Secretary of Labor, Acting Chief Judge Broderick issued an order of temporary reinstatement restoring John Koerner, the alleged discriminatee, to his job with Arch Mineral Coal Company. Thereafter the Secretary moved to vacate the temporary reinstatement order on the ground that the parties had negotiated a settlement. Administrative Law Judge Littlefield granted the motion on February 7, 1979. The record did not indicate whether Mr. Koerner agreed to the motion to vacate the reinstatement order.

The Commission directed review on March 9, 1.979, to determine whether there were sufficient grounds to grant the motion. The case was remanded for the limited purpose of supplementing the record. The Secretary's submissions on remand indicate that Mr. Koerner was a party to the settlement and authorized the Secretary to move for vacation of the temporary reinstatement order.

The primary concern of the Commission in directing review was to assure that the alleged discriminatee voluntarily agreed to vacating the reinstatement order. It is the miner's rights that are being settled, and we must, therefore, insure that the settlement and vacation of the reinstatement order were agreed to by the miner, not just the Secretary and the operator.
~472
The record now shows that Mr. Koerner was a voluntary party to the agreement. Our concern has been satisfied. Accordingly, the February 7, 1979 order of Judge Littlefield is affirmed.