North Star Mining, Inc., and Jim Brummett (ALJ decision, April 22, 2005)

North Star Mining, Inc., and Jim Brummett (FMSHRC KENT 2001-23-D): Discrimination settlement approved

Decision type

ALJ decision

Docket

KENT 2001-23-D

Decided

April 22, 2005

Presiding judge

Jacqueline R. Bulluck

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-09

Cited standards

30 U.S.C. § 815(c)(2) 30 U.S.C. § 820(i)

Official source

Read the official release (fmshrc.gov)

PDF

View Official PDF

Apply this to your situation

This order from 2005 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.

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

The case involved a discrimination complaint filed by the Secretary on behalf of Mark Gray against North Star Mining and Jim Brummett. On remand, the judge approved settlement agreements under which Brummett would pay a $1,000 civil penalty, North Star would pay a $5,000 civil penalty, and North Star would pay Gray $150 in back wages. The judge found the settlement in the public interest, lifted the stay, and ordered that the case be dismissed after payment.

Decision snapshot

Governing provisions: 30 U.S.C. §§ 815(c)(2) and 820(i)
Outcome: The discrimination case was settled, with civil penalties and back wages ordered before dismissal.
Key point: The ALJ approved a remand settlement that resolved the claims through payments and an expression of remorse.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, NW, Suite 9500

Washington, DC 20001

April 22, 2005

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 2001-23-D
on behalf of MARK GRAY, : BARB CD 2000-13
Complainant :
v. :
:
NORTH STAR MINING, INC., :
and JIM BRUMMETT, : No. 5 Mine
Respondents : Mine ID 15-17437

ORDER LIFTING STAY

AND

DECISION APPROVING SETTLEMENT

The stay in the above-captioned case is hereby LIFTED.

This case is before me on remand by the Commission, and involves a discrimination complaint filed by the Secretary of Labor ("the Secretary") on behalf of Mark Gray, against North Star Mining, Incorporated ("North Star"), and Jim Brummett, under section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 ("the Act"), 30 U.S.C. § 815(c)(2).1

By decision issued on April 29, 2003, I found that Gray was not constructively discharged by North Star, and that Brummett did not unlawfully threaten Gray. Consequently, I dismissed the complaint against all Respondents, and disapproved a settlement agreement between the Secretary and Brummett.

As a result of its review, the Commission remanded the case for reconsideration of whether Brummett's statements to Gray were coercive and, therefore, discriminatory, by application of its test in Moses v. Whitely Development Corp., 4 FMSHRC 1475 (Aug. 1982), aff'd, 770 F.2d 168 (6th Cir. 1985).2

The parties have filed Joint Motions to Approve Settlement. I have reviewed the settlement agreements and conclude that they are appropriate under the criteria set forth in section 110(i) of the Act. Under the terms of the settlement agreement between the Secretary and Jim Brummett, Brummett has expressed remorse for his actions and has agreed to pay a civil penalty of $1,000.00. Respecting the settlement agreement between the Secretary and North Star, North Star has agreed to pay a civil penalty of $5,000.00 and back wages to Gray in the amount of $150.00.

The settlement is in the public interest. WHEREFORE, the Joint Motions to Approve Settlement are GRANTED, and it is ORDERED that Jim Brummett PAY a civil penalty of
$1,000.00, and that North Star PAY a civil penalty of $5,000.00, within thirty (30) days of this decision. It is further ORDERED that North Star PAY $150.00 directly to Mark Gray, within 30 days of this decision. Upon receipt of payment, this case is DISMISSED.

Footnotes:

1 The original complaint was also filed on behalf of Roscoe Ray Young; his complaint was dismissed on April 10, 2002. Mike Caudill was joined with North Star in the original complaint; the parties did not appeal my dismissal of the charges against Caudill and dropped him from the caption in their pleadings.

2 On January 24, 2005, the Secretary filed a Petition for Reconsideration of the Commissions’s January 12, 2005 decision; the Commission denied the petition.

Jacqueline R. Bulluck

Administrative Law Judge

Distribution:

MaryBeth Bernui, Esq., U.S. Dept. of Labor, Office of the Solicitor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215

Mark Gray, P.O. Box 465, Grays Knob, KY 40769

John W. Kirk, Esq., Kirk Law Firm, P.O. Box 339, Paintsville, KY 41240

Jim Brummett, P.O. Box 174, Arjay, KY 40902

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