James Eldridge v. Sunfire Coal Company (Commission decision, March 7, 1984)

Plain-English summary

James Eldridge and Sunfire Coal Company settled a Mine Act discrimination case while cross-petitions for Commission review were pending. They jointly asked to withdraw their petitions and dismiss the case. Their signed agreement called for Sunfire to pay Eldridge $25,341 in back wages and his attorneys $25,000 in fees. The Commission granted the joint motion, ordered payment within 30 days of its order, and dismissed the case as its final decision. The order makes no finding on the underlying discrimination claim.

Decision snapshot

• Cited standard(s): Mine Act § 105(c), 30 U.S.C. § 815(c), concerning discrimination against miners.
• Outcome: Cross-petitions withdrawn and case dismissed after settlement; $25,341 in back wages and $25,000 in attorneys' fees payable within 30 days.
• Key point: The Commission closed the case based on the parties' signed settlement agreement.

Full text (FMSHRC public release)

CCASE:
JAMES ELDRIDGE V. SUNFIRE COAL
DDATE:
19840307
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. March 7, 1984 JAMES ELDRIDGE

v. Docket No. KENT 82-41-D

SUNFIRE COAL COMPANY

ORDER
This discrimination case arises under section 105(c) of the Federal Mine Safety and Health Act, 30 U.S.C. $ 801 et seq. (1976
& Supp V 1981). The oral argument in this proceeding, originally scheduled for February 29, 1984, was postponed upon notification by the parties that they had agreed to settle the case and would file a motion to dismiss. On February 24, 1984, the parties filed with the Commission a joint motion to withdraw their cross-petitions for discretionary review and to dismiss the case. In support of the motion, the parties attached a copy of their signed settlement agreement, dated February 21, 1984. The agreement, which is signed by the complaining miner, provides that Sunfire Coal Company will pay "as soon as possible" the sum of $25,341 in back pay wages to the complaining miner and the sum of $25,000 in attorneys' fees to the miner's attorneys. In light of the parties' settlement agreement, we grant the parties' joint motion to withdraw their petitions for discretionary review. Payment of the sums specified in the settlement agreement shall be made within 30 days of issuance of this order. Accordingly, this case is dismissed. This is the final decision of the Commission in this proceeding.