Narrows Branch Coal, Inc. (ALJ decision, October 20, 1994)

Plain-English summary

These consolidated proceedings involved a temporary reinstatement application, a discrimination complaint, and a civil penalty petition arising from Robert Harlow's employment at Narrows Branch Coal's No. 1 Mine. The parties agreed that the company would reinstate Harlow, pay back pay and interest for lost work, and pay a $1,000 civil penalty. The administrative law judge found the settlement acceptable, approved it, and ordered the payments and reinstatement.

Decision snapshot

• Cited standard(s): None identified in the release.
• Outcome: Settlement approved. The company was ordered to reinstate Robert Harlow, pay back pay and interest, and pay a $1,000 civil penalty.
• Key point: The judge approved a settlement resolving temporary reinstatement, discrimination, and penalty proceedings together.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. NARROWS BRANCH COAL INC.
DDATE:
19941020
TTEXT:

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH
: PROCEEDING
ADMINISTRATION (MSHA)
: DISCRIMINATION PROCEEDING
on behalf of ROBERT HARLOW, : CIVIL PENALTY PROCEEDING Complainant :
v. : Docket No. KENT 94-1327-D
: MSHA Case No. PIKE CD 94-04
NARROWS BRANCH COAL, INC., :
Respondent
: No. 1 Mine

DECISION APPROVING SETTLEMENT

Appearances: Susan Foster, Esq., MaryBeth Bernui, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee, for the Complainant;
Billy Shelton, Esq., Baird, Baird, Baird & Jones, P.S.C., Pikeville, Kentucky, for the Respondent.

Before: Judge Melick

These consolidated cases are before me upon an Application for Temporary Reinstatement, a Complaint of Discrimination and a Petition for Assessment of Civil Penalty under the Federal Mine Safety and Health Act of 1977 (the Act). At hearing, the parties filed a motion to approve a settlement agreement in which Respondent agreed to reinstate the individual complainant, Robert Harlow, to pay him back pay and interest for lost work and to pay a civil penalty of $1,000. The Secretary and Mr. Harlow agreed to the terms of settlement on the record. I have considered the representations and documentation submitted in these cases, and I conclude that the proffered settlement is acceptable.

WHEREFORE, the motion for approval of settlement is GRANTED, and it is ORDERED that Respondent pay a penalty of $1,000 within 60 days of this order. Respondent is further ordered to reinstate Robert Harlow and pay Harlow damages, including back pay and interest, in accordance with the terms of the settlement agreement.

Gary Melick
Administrative Law Judge

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Distribution:

Susan Foster, Esq., MaryBeth Bernui, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862 (Certified Mail)

Billy Shelton, Esq., Baird, Baird, Baird & Jones, P.S.C., P.O. Box 351, Pikeville, KY 41502 (Certified Mail)

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