Secretary of Labor o/b/o Corbin v. Sugartree Corporation

Plain-English summary

The Secretary brought a discrimination case on behalf of James Corbin, Robert Corbin, and A.C. Taylor against Sugartree Corporation, Terco, Inc., and Randal Lawson. The Corbin claims were resolved through a settlement that expunged references to their discharges and paid them $50,000 in damages. The Commission dismissed the portion of its review concerning the Corbins' liability and personal remedies. Liability and remedy issues concerning A.C. Taylor, who did not join the settlement, remained for decision.

Decision snapshot

• Governing authority: 30 U.S.C. § 801
• Outcome: The Corbin portion of the Commission's review was dismissed under the settlement, while Taylor's claims remained pending.
• Key point: A settlement may resolve some complainants' claims without ending the Commission's review of claims belonging to a non-settling complainant.

Full text (FMSHRC public release)

FMSHRC-WDC
FEB 10, 1987

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
on behalf of JAMES CORBIN,
ROBERT CORBIN, and A. C. TAYLOR

     v.            Docket No. KENT 84-255-D

SUGARTREE CORPORATION,
TERCO, INC., and RANDAL LAWSON

BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson,
Commissioners

               ORDER

BY THE COMMISSION:

In this discrimination case arising under the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1982),
the Secretary of Labor has filed a Motion to Dismiss or Vacate
Portion of Direction for Review based on a Settlement Agreement
submitted with the motion. For the reasons set forth below, the
Secretary's motion is granted.

The above-captioned matter is pending on review before the

Commission. The Secretary's motion is based on a settlement
agreement that has been reached among the Secretary, complainants
James and Robert Corbin, Terco, Inc., Randal Lawson, and other
individuals associated with Terco. Subsequent to the 1984
discharges of the Corbins and A.C. Taylor at issue in the pending
proceeding, the two Corbin complainants were reinstated (pursuant
to a Commission judge's order of reinstatement) but were discharged
again by Terco in 1986. These latter discharges became the subject
of further discrimination complaints filed by the Secretary on the
Corbins' behalf. FMSHRC Docket Nos. KENT 86-131-D & 86-132-D.

As related in the Secretary's present motion, the parties

in these latter cases have entered into a settlement of the
charges involved in those cases. Their settlement involves
expungement of references in the respondents' employment records to
the discharges of the Corbins (including the 1984 discharges) and
payment of $50,000 in damages by the respondents to the Corbins.
The Commission administrative law judge presiding over these latter
cases approved the parties' settlement and dismissed these cases on
January 6, 1987.

The settlement agreement is signed by the Corbins and,

according to the Secretary's motion, the $50,000 in damages has
been paid. In the settlement agreement, the Corbins waive any
right to employment reinstatement with Terco. Further, the Secretary
agrees to "forego any enforcement action with regard to the award
made on [the Corbins'] behalf" in the proceeding pending before the
Commission, but to "take all action necessary to enforce the award
on behalf of A.C. Taylor," who is not a party to the settlement
agreement. Based on the assertion that the Corbins, Terco, Randal
Lawson, and others associated with Terco have now resolved their
differences, the Secretary moves to vacate or dismiss that portion
of the Commission's Direction for Review in the pending matter
pertaining to the liability and remedial issues affecting the Corbins.

In light of the above, and upon consideration of the Secretary's

motion, we grant the Secretary's motion. That portion of the
Commission's Direction for Review in the instant matter pertaining to
liability and personal remedy issues affecting the Corbins is hereby
dismissed. We emphasize that all liability issues (including the
question of successorship) and all personal remedy issues insofar as
they affect the remaining complainant, A.C. Taylor, remain for
decision.

 For the foregoing reasons, the Secretary's motion is granted

on the terms specified above.

                 Ford B. Ford, Chairman


                 Richard V. Backley, Commissioner


                 Joyce A. Doyle, Commissioner


                 James A. Lastowka, Commissioner


                 L. Clair Nelson, Commissioner

Distribution

Mary Griffin, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, VA 22203

Carlos Morris, Esq.
Morris & Morris
P.O. Box 1008
Barbourville, Kentucky 40906

Administrative Law Judge Gary Melick
Federal Mine Safety & Health Review Commission
5203 Leesburg Pike, Suite 1000
Falls Church, Virginia 22041