Secretary of Labor on behalf of James Corbin, Robert Corbin, and A.C. Taylor v. Sugartree Corporation, Terco, Incorporated, and Randal Lawson (ALJ decision, February 5, 1986)

Plain-English summary

Judge Gary Melick had found that Sugartree Corporation, Terco, and Randal Lawson unlawfully discharged James Corbin, Robert Corbin, and A.C. Taylor. This decision completed the judge's remedy: he ordered the respondents jointly to pay $34,173.45 to James Corbin, $36,355.90 to Robert Corbin, and $35,811.74 to Taylor. He made the reinstatement orders for the two Corbins final and imposed a $1,000 civil penalty. This remedy order concerns discrimination rather than contested citations, so its outcome is classified as other.

Decision snapshot

• Cited provision: Mine Act section 105(c)(1), 30 U.S.C. § 815(c)(1), prohibiting discrimination for protected safety activity.
• Outcome: Individual damages and interest ordered, Corbin reinstatement orders made final, and $1,000 civil penalty imposed; later Commission review followed.
• Key point: The judge ordered Sugartree Corporation, Terco, Incorporated, and Randal Lawson to pay the discrimination remedies jointly and severally.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. SUGARTREE, TERCO & LAWSON
DDATE:
19860205
TTEXT:
~206

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 84-255-D
ON BEHALF OF
MSHA Case No. BARB 84-35
JAMES CORBIN, ROBERT CORBIN,
AND A.C. TAYLOR,
Sugartree No. 1 Mine
COMPLAINANTS

v.

SUGARTREE CORPORATION,
TERCO, INCORPORATED, AND
RANDAL LAWSON,
RESPONDENTS

DECISION

Appearances: Carole M. Fernandez, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for Complainants;
Guy E. Millward, Jr., Esq., and D. Randall Jewell, Esq., Barbourville, Kentucky, for Sugar- tree Corporation and Randal Lawson, and Carlos R. Morris, Esq., Barbourville, Kentucky, for Terco Incorporated.

Before: Judge Melick

By decision dated December 10, 1985, the Respondents herein were found jointly and severally liable for costs and damages result- ing from the unlawful discharge of the named Complainants under section 105(c)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(c)(1). (Appendix A). Hearings were thereafter held to ascertain costs and damages and a decision concerning these matters was issued January 10, 1986 (Appendix B). Interest calculations were subsequently filed by the Secretary on January 24, 1986.

ORDER

Discrimination Proceedings

Sugartree Corportation, Terco, Incorporated and Randal Lawson are hereby directed and ordered, jointly and severally, ~207 to pay within 30 days of the date of this decision the following amounts to the designated persons:

James Corbin- $34,173.45
Robert Corbin- $36,355.90
A.C. Taylor- $35,811.74

The orders of reinstatement applicable to James Corbin and Robert Corbin by the interlocutory decisions in this matter dated December 10, 1985, and January 10, 1986, are now final.

Civil Penalty Proceedings

Sugartree Corporation, Terco, Incorporated and Randal Lawson are hereby directed and ordered, jointly and severally, to pay within 30 days of the date of this decision, a civil penalty of $1,000.

Gary Melick
Administrative Law Judge