Chaney Creek Coal Corporation

Plain-English summary

Steve Collett alleged that Chaney Creek Coal discharged him after he made safety complaints about a shuttle car. The parties settled before the scheduled hearing, with Collett withdrawing his complaint and waiving further claims in exchange for $4,000 paid in two installments. Judge George A. Koutras approved the settlement and ordered the respondent to comply with it. The matter was to be dismissed after full compliance.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The settlement was approved, and the discrimination complaint was to be dismissed after full compliance.
• Key point: An ALJ may approve a reasonable discrimination settlement that provides payment in exchange for withdrawal and waiver of further claims.

Full text (FMSHRC public release)

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

STEVE COLLETT, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 86-109-D
v. MSHA Case No. BARB CD 86-19

CHANEY CREEK COAL Dollar Branch Mine
CORPORATION,
RESPONDENT

                  DECISION APPROVING SETTLEMENT

Before: Judge Koutras

                      Statement of the Case

 This is a discrimination proceeding initiated by the

complainant against the respondent pursuant to section 105(c) of
the Federal Mine Safety and Health Act of 1977, alleging that the
respondent discriminated against him by discharging him on
January 14, 1986, for making safety complaints about a shuttle
car which he operated in the mine. Mr. Collett's initial
complaint was investigated by MSHA, and it declined to file a
complaint on his behalf after determining that a violation of
section 105(c) had not occurred. Mr. Collett subsequently filed
this action with the Commission through counsel.

 A hearing on the merits of the complaint was scheduled on

February 11, 1987, in London, Kentucky. However, it was cancelled
after Mr. Collett's counsel advised me that the parties had
reached a settlement. The parties have now filed their settlement
agreement with me, and they jointly move for a dismissal of the
complaint on the basis of that agreement.

                           Discussion

 Mr. Collett's counsel states that Mr. Collett is now

employed for another coal company, and is no longer interested in
reinstatement with the respondent. Under the terms of the
settlement, Mr. Collett agrees to withdraw his complaint and to
waive all further claims against the respondent. The respondent
agrees to pay Mr. Collett $4,000, in satisfaction of his
complaint, in two separate installments of $2,000. The first
installment is to be paid on or before February 10, 1987, and the
second installment is to be paid on or before March 10, 1987.

                          Conclusion

 After careful review and consideration of the settlement

terms and conditions executed by the parties in this proceeding,
I conclude and find that it reflects a reasonable resolution of
the complaint. Since it seems clear to me that the parties are in
accord with the agreed upon disposition of the complaint, I see
no reason why it should not be approved.

                            ORDER

 The proposed settlement IS APPROVED. Respondent IS ORDERED

AND DIRECTED to fully comply forthwith with the terms of the
agreement. Upon full and complete compliance with the terms of the
agreement, this matter is dismissed.

                                George A. Koutras
                                Administrative Law Judge