Ezel / Agency Decisions / kent-83-155-d-alj
FMSHRC ALJ decision Docket KENT 83-155-D Decided April 9, 1990 Other Judge James A. Broderick Transcribed from scan

Kenta Energy, Inc. and Roy Dan Jackson

Kenta Energy, Inc. and Roy Dan Jackson (FMSHRC KENT 83-155-D): Back pay and interest awarded on remand

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1990
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Commission remanded Robert Simpson's discrimination case for a decision on appeal-related attorney fees and the amount of back pay and interest due. Judge James A. Broderick accepted Simpson's uncontested calculations and found that he had not been reinstated or offered reinstatement. He ordered Kenta Energy and Roy Dan Jackson to pay $107,962.70 in back pay and interest through March 31, 1990, and stated that the order was final.

Decision snapshot

  • Cited authority: 30 U.S.C. § 815(c)
  • Outcome: Kenta Energy and Roy Dan Jackson were ordered to pay $107,962.70 in back pay and interest.
  • Key point: On remand, an ALJ may adopt uncontested back-pay calculations and enter a final monetary relief order.

Full text (FMSHRC public release)

CCASE:
ROBERT SIMPSON V. KENTA ENERGY AND R.D. JACKSON
DDATE:
19900409
TTEXT:

Page 2

~720
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

ROBERT SIMPSON, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 83-155-D
v.

KENTA ENERGY, INC.
AND
ROY DAN JACKSON,
RESPONDENTS

                  DECISION ON REMAND

Before: Judge Broderick

 On September 29, 1989, the Commission remanded the case to

me to determine whether attorney's fees are properly awardable
under the Act for legal services on appeal, and, if so, to
determine the amount of such fees; and to determine the amount of
back pay and interest due Complainant since December 17, 1984.

 On December 18, 1989, I issued a decision with respect to

the attorney's fees claimed, and permitted discovery on the
question of back pay. On March 19, 1990, Complainant submitted a
statement of the back pay and interest due him from December 17,
1984 through March 31, 1990. Respondents have not replied to the
statement.

 Complainant's statement indicates that he has not been

reinstated nor offered reinstatement by Kenta or Jackson. It
further states that the subject mine ceased operating on
approximately March 1, 1988, and that Complainant does not claim
back pay beyond that date. Interest is claimed through March 31,
1990. Complainant worked for approximately 6 months in 1985 and
was paid a total of $7200. The statement shows interim offsetting
earnings of $3600 for each of the first two quarters of 1985. The
statement claims that Complainant had no other earnings from
October 1984 to March 1, 1988. I accept the representations in
the statement and find them to be factual. I adopt the
calculations contained in the statement.

 Therefore, IT IS ORDERED that Respondents Kenta and Roy Dan

Jackson shall pay to Complainant Robert Simpson the

Page 3

~721
following amounts, representing back pay and interest due
Complainant since December 17, 1984, under the Commission
decision issued May 11, 1989:

Interest on back pay previously awarded 20,442.16
Additional back pay 61,865.20
Additional interest 25,675.34
TOTAL $107,962.70

 This is a final order.

                                James A. Broderick
                                Administrative Law Judge

Find out what applies today

This decision wasn't the final word: the Commission reviewed the case, and its decision is the one that controls. Ezel starts from the controlling decision and answers your specific situation under current law, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.