Secretary on behalf of Frank Williams and Buddy R. Maynard v. West Fork Coal Company (ALJ decision, June 8, 1986)

Plain-English summary

The Secretary brought a discrimination case for miners Frank Williams and Buddy Maynard after West Fork Coal Company discharged them. West Fork had stopped operating and filed for bankruptcy. The parties and bankruptcy trustee agreed to settle with reinstatement, restored employment rights, and back pay with interest, while withdrawing the request for a civil penalty. Judge William Fauver approved the settlement, found the discharges violated section 105(c) of the Mine Act, and ordered the company to offer reinstatement within 30 days. He canceled the scheduled hearing and concluded the proceeding.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: Settlement approved with reinstatement, seniority, back pay, and interest; civil-penalty request withdrawn.
• Key point: The approved settlement granted employment remedies despite the company's bankruptcy and ended the penalty request.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WEST FORK COAL
DDATE:
19860608
TTEXT:
~1095

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 86-28-D
ON BEHALF OF FRANK WILLIAMS
AND BUDDY R. MAYNARD,
PIKE CO 85-14
COMPLAINANTS
No. 1 Mine v.

WEST FORK COAL COMPANY, A
CORPORATION,
RESPONDENT

DECISION

Before: Judge Fauver

This proceeding was brought by the Secretary in behalf of Frank Williams and Buddy R. Maynard for reinstatement and other relief under section 105(c) of the Federal Mine Safety and Health Review Act, 30 U.S.C. 801, et seq., based upon an alleged discriminatory discharge, and for a civil penalty under section 110(i) of the Act for such violation.

Respondent ceased all operations in October, 1985, and filed a petition for bankruptcy on May 19, 1986, in the United States Bankruptcy Court, Western District of Virginia.

The above parties and the Trustee in Bankruptcy have moved to settle this case by an order for certain limited relief and withdrawal of the prayer for civil penalty, on the grounds of inactivity and anticipated dissolution of Respondent and the futility of the imposition of a civil penalty. It is expected that a claim will be filed in the bankruptcy proceeding based upon the order in this case.

I have reviewed the representations and documentation submitted, and conclude that the proposed settlement is consistent with the purposes of the Act. Accordingly, the motion to approve the settlement will be granted.
~1096
CONCLUSIONS OF LAW

1. The Commission has jurisdiction in this proceeding.

2. Respondent violated section 105(c) of the Act by discriminatorily discharging Frank Williams and Buddy R. Maynade from its No. 1 Mine on May 31, 1985.

3. The Secretary is entitled to an order for permanent reinstatement of Frank Williams and Buddy R. Maynard in Respondent's employ with full restoration of their employment status and rights, including seniority and back pay, retroactive to May 31, 1985, with interest (computed in accordance with the interest formula reported in the Commission's decisions) from that date until payment is made.

ORDER

WHEREFORE IT IS ORDERED that Respondent shall offer permanent reinstatement to Frank Williams and Buddy R. Maynard, within 30 days of this Decision, with full restoration of their employment status, including retroactive seniority and backpay.

4. Based upon the approval of the above settlement, the hearing scheduled for July 8, 1986, is CANCELLED and these proceedings are CONCLUDED.

William Fauver
Administrative Law Judge