Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers

Plain-English summary

The Secretary brought this discrimination proceeding on behalf of Robert Vaughn, who was employed by Sumco, Inc. and R.E. Summers. After an earlier decision on the merits, the parties did not stipulate to the amount owed, so the Secretary submitted a calculation and the respondents did not reply. Judge James A. Broderick ordered $4,470.93 in back wages, including interest through July 15, 1989, plus $1.38 per day after that date until payment. He also ordered a $100 civil penalty and stated that the supplemental order, together with the June 2, 1989 decision, was the final decision and order in the proceeding.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(c) and 30 U.S.C. § 820(i)
• Outcome: Back wages, continuing interest, and a $100 civil penalty were ordered as supplemental relief.
• Key point: When the parties cannot agree on monetary relief after a discrimination finding, the judge may set the amount from the Secretary's unopposed calculation.

Full text (FMSHRC public release)

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 Docket No. KENT 89-28-D
ADMINISTRATION (MSHA),
ON BEHALF OF ROBERT VAUGHN,
COMPLAINANT

      v.

SUMCO, INC. AND R.E. SUMMERS,
RESPONDENTS

                 SUPPLEMENTAL DECISION AND ORDER

Appearances: Mary K. Spencer, Esq., Office of the Solicitor,
U.S. Department of Labor, Arlington, Virginia,
on behalf of Complainant; Rodney E. Buttermore,
Jr., Esq., Forester, Buttermore, Turner & Lawson,
Harlan, Kentucky, on behalf of Respondents.

Before: Judge Broderick

 On June 2, 1989, I issued a Decision on the merits in the

above proceeding. I directed the parties to attempt to stipulate
as to the monetary amount due complainant Vaughn under the
decision. Should they fail to stipulate, I directed the Secretary
to submit a statement of the amount claimed due. Respondents were
given ten days to respond to the statement.

 On July 7, the Secretary filed a statement of the amount she

contends is due under the decision with interest to July 15,
1989. Respondents did not reply to the statement.

 Considering the entire record and the parties contentions,

Respondents are ORDERED:

 1. To pay to Complainant Vaughn within 30 days of the date

of this order the sum of $4470.93, representing back wages from
June 30, 1988 to December 4, 1988, which amount includes interest
to July 15, 1989.

 2. To pay interest at the rate of 1.38 per day after July

15, 1989, until the total amount due is paid.

 3. To pay to the Secretary, within 30 days of the date of

this order, a civil penalty in the amount of $100.

 4. This order supplements the decision issued June 2, 1989, and

with that decision represents my final decision and order in this
proceeding.

                            James A. Broderick
                            Administrative Law Judge