Big Elk Creek Coal Co., Inc. (ALJ decision, August 15, 1987)

Plain-English summary

Administrative Law Judge William Fauver had previously found that Big Elk Creek Coal Co., Inc. discharged Arnold Sharp in violation of the Mine Act's discrimination provision. The parties then agreed on relief, including $45,000 for past wages, interest and reimbursable expenses, immediate reinstatement as a rock truck driver, transfer provisions if the mine operation ended, and at least one year of continued employment subject to stated conditions. Judge Fauver approved the first six paragraphs of the proposed order with minor changes, declined to include paragraphs seven and eight, and stated that the liability decision would not become final until an attorney-fee order was entered.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)(1); 30 U.S.C. § 801
• Outcome: The settlement relief was approved in part, requiring $45,000 plus interest and reimbursable expenses, reinstatement, transfer protections, and an attorney-fee determination.
• Key point: The agreed relief resolved the discrimination case through back pay, reinstatement, continued-employment and transfer terms, with the attorney fee left for later approval.

Full text (FMSHRC public release)

CCASE:
ARNOLD V. BIG COAL
DDATE:
19870815
TTEXT:

Page 2

~1668

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

ARNOLD SHARP,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 86-149-D

BIG ELK CREEK COAL CO.,
No. 1 Surface Mine
INC.,
RESPONDENT

SUPPLEMENTAL DECISION

Appearances: Leon L. Hollon, Esq., Hazard, Kentucky, for Complainant; Stephen C. Cawood, Esq.,
Pineville, Kentucky, for Respondent.

Before: Judge Fauver

A decision on liability was entered on July 22, 1987, holding that Respondent discharged Complainant in violation of | 105(c)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. | 801 et seq., on May 28, 1986. The decision provided that the parties should meet in an effort to stipulate the amount of back pay, interest and litigation expenses due the Complainant, and to submit a proposed order for relief.

The parties have submitted a proposed order, agreed to by Complainant and the attorneys for Complainant and Respondent, with their motion for approval of the settlement reflected by the proposed order.

Paragraphs one through six of the proposed order, with minor changes, are approved, but paragraphs seven and eight are not deemed to be appropriate in an order for relief under the statute.

ORDER

Based upon the proposed order as approved herein, it is ORDERED that:

1. Within three days following receipt of this Order Respondent shall pay to the Complainant the total sum of $45,000, representing past wages, together with interest and all

Page 3

~1669
reimbursible expenses incurred by Complainant in connection with this pending matter.

2. Respondent shall reinstate the Complainant to his previous job as a rock truck driver at the Respondent's No. 1 Surface Mine in Leslie County, Kentucky, at that mine's prevailing rate for said classification (or $9.00 per hour), said reinstatement to be effective immediately upon receipt of this Order.

3. At the conclusion or termination of Respondent's operations or services for Blossom Coal Company at Respondent's No. 1 Surface Mine, Respondent shall transfer the Complainant, or cause the Complainant to be transferred, to either a mining operation conducted by Red Star Coal Company or a mining operation conducted by Golden Oak Mining Company, in a job classification to be determined by the Respondent, provided, however, that Complainant shall receive for such job classification the prevailing pay scale for rock truck drivers at the mining operation to which he is transferred.

4. Should a rock truck driver's job become available at such new mine location, Respondent shall offer such rock truck driver's job to Complainant, if he remains in the Respondent's employment at the time such rock truck driver's job becomes available.

5. Respondent shall retain Complainant in Respondent's employment for a period of at least one year from the date of his reinstatement under this Order, provided, however, that Complainant shall satisfactorily perform his job and comply with Respondent's work rules and provided that Respondent or its affiliates remain in the coal business in Eastern Kentucky.

6. Respondent shall pay to Leon L. Hollon, Esq., counsel for the Complainant, a reasonable attorney's fee to be approved by the Judge.

The decision entered on July 22, 1987, shall not be made final until an order is entered herein approving an attorney's fee for Complainant's attorney.

William Fauver
Administrative Law Judge

Page 4

~1670
AGREED TO:

Arnold Sharp,
Complainant

Leon L. Hollon
Counsel for Complainant

Stephen C. Cawood
Counsel for Respondent