Ezel / Agency Decisions / KENT 89-28-D

Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers (ALJ decision, July 27, 1989)

Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers (FMSHRC KENT 89-28-D): Back wages and penalty ordered

Decision type
ALJ decision
Docket
KENT 89-28-D
Decided
July 27, 1989
Presiding judge
James A. Broderick
Outcome
Citations affirmed
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Cited standards
30 U.S.C. § 815(c) 30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1989
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This supplemental decision and order completed the monetary relief in the discrimination proceeding. It became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

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

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