National Mines Corporation

Plain-English summary

The Secretary alleged that National Mines Corporation discriminated against Patrick Stanfield after he made safety complaints. The proposed settlement required the company to pay Stanfield $1,618.81 in gross wages for a 12-working-day suspension, expunge records of the suspension, and provide only limited employment information to prospective employers. The Secretary reduced the proposed civil penalty from $2,500 to $300. Judge George A. Koutras approved the settlement and ordered payment and compliance before dismissing the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(2)
• Outcome: The settlement was approved, a $300 civil penalty was ordered, and the proceeding was to be dismissed after compliance.
• Key point: The approved resolution combined back wages, record expungement, a limited-reference condition, and a reduced civil penalty.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) & P. STANFIELD V. NAT'L MINES CORP.
DDATE:
19881212
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 88-171-D
ON BEHALF OF MSHA Case No. BARB CD 88-25
PATRICK STANFIELD, MSHA Case No. BARB CD 88-28
COMPLAINANT
v. Stinson No. 7 Mine

NATIONAL MINES CORPORATION,
RESPONDENT

                 DECISION APPROVING SETTLEMENT

Before: Judge Koutras

                      Statement of the Case

 This proceeding concerns a complaint of alleged

discrimination filed by the Secretary of Labor on behalf of the
complainant Patrick Stanfield against the respondent pursuant to
section 105(c)(2) of the Federal Mine Safety and Health Act of
1977, 30 U.S.C. 801 et seq. The complaint alleges that the
respondent discriminated against the complainant by suspending
him for lodging safety complaints and by forcing him to take
previously unscheduled accrued annual leave after interrogating
him about his complaints. The Secretary amended her complaint and
proposed a civil penalty assessment against the respondent in the
amount of $2,500, for the alleged violation.

 The respondent filed a timely answer denying any

discrimination and the matter was scheduled for a hearing in
Pikeville, Kentucky, during December 13Ä14, 1988. The hearing was
cancelled after the Secretary's counsel advised me the parties
agreed to settle the dispute. The parties have now filed a Joint
Motion seeking approval of the proposed settlement. The relevant
terms of the settlement are as follows:

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1. National Mines Corporation agrees to pay Mr. Stanfield gross
wages for the 12 working day suspension imposed by National Mines
Corporation. Such wages amount to gross pay of $1,618.81. Mr.
Stanfield was paid on a monthly salary basis as a foreman.

    2. The records maintained in Mr. Stanfield's personnel
    and company file shall be completely expunged of all
    information relating to the 12 day suspension.

    3. In the event that National Mines Corporation is
    contacted by a prospective employer of Mr. Stanfield at
    any time in the future, National Mines Corporation
    agrees not to give Mr. Stanfield a negative or
    unfavorable reference regarding Mr. Stanfield's job
    performance while employed by National Mines
    Corporation. National Mines Corporation will when
    contacted by a prospective employer of Stanfield only
    give such prospective employer Mr. Stanfield's job
    title(s) and dates of employment.

    4. In light of the difficulties and contingencies
    necessarily attendant to the litigation of the subject
    case together with the complex factual disputes
    requiring many witnesses and the nature of the economic
    loss to the complainant, which by the terms of this
    settlement shall be recompensed, the parties agree that
    the proposed settlement in this case is appropriate
    under the circumstances.

    5. In consideration of the willingness of National
    Mines Corporation to resolve the claim quickly by
    payment of the back wages due to the complainant, the
    Secretary agrees to modify her requested civil penalty
    from the proposed amount of $2500.00 to a reduced
    assessment of $300.00.

    Since Section 105(c) of the Act is uniquely designed to
    benefit the public interest by restitution to those
    affected by violation of Section 105(c) of the Act, the
    Secretary believes that such purposes are fulfilled in
    this case by the settlement terms.

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6. It is the parties' belief that approval of this settlement is
in the public interest and will further the intent and purpose of
the Federal Mine Safety and Health Act of 1977.

                           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 filed by MSHA on Mr. Stanfield's behalf. Since it
seems clear to me that all parties are in accord with the agreed
upon disposition of the complaint, I see no reason why it should
not be approved. I also find no reason for not approving the
reduction of the civil penalty assessment as proposed by the
Secretary.

                             ORDER

 The Joint Motion IS GRANTED, and the settlement IS APPROVED.

The parties ARE ORDERED to fully comply forthwith with the terms
of the settlement. The respondent IS FURTHER ORDERED to pay to
the Secretary a civil penalty assessment of $300 for the
violation in question, and payment is to be made within thirty
(30) days of the date of this decision and order. Upon receipt of
payment by the Secretary, and full compliance with the terms of
the settlement, this matter is dismissed.

                             George A. Koutras
                             Administrative Law Judge