Rawl Sales and Processing Co. (ALJ decision, September 7, 1995)

Plain-English summary

Robert Robinette and Dana Hager were reinstated with full backpay and benefits in discrimination proceedings involving Rawl Sales and Processing Co. The parties asked the Judge to approve a settlement that reduced the total proposed civil penalties from $18,000 to $10,000. Judge Arthur J. Amchan found that the settlement was consistent with the purposes of the Mine Act. He approved the settlement, ordered payment of the $10,000 total within 30 days, and dismissed both cases.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The settlement was approved, total civil penalties were reduced to $10,000, and both discrimination cases were dismissed after reinstatement with full backpay and benefits.
• Key point: The Judge approved the agreed resolution after the complainants had been reinstated with full backpay and benefits.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF A D M INISTRA TIV E LA W JUDGES 2 SK YLINE, 10 th FLOOR
5203 LEESBURG PIK E
FA LLS CHURCH, V IRGINIA 22041

September 7, 1995

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
: Docket No. KENT 95-515-D
on behalf of
: MSHA Case No. PIKE CD 95-03
ROBERT ROBINETTE,
:
Complainant
: Tall Timber Mine
v. : I.D. No. 15-13720
:
RAWL SALES AND PROCESSING CO., :
Respondent
:
:
SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA)
: Docket No. KENT 95-516-D
on behalf of DANA HAGER,
: MSHA Case No. PIKE CD 95-04
Complainant
:
v. : Tall Timber Mine
: I.D. No. 15-13720
RAWL SALES AND PROCESSING CO., :
Respondent
:

DECISION APPROVING SETTLEMENT

Before: Judge Amchan

These cases are before me pursuant to section 105 of the Federal Mine Safety and Health Act. As the Complainants have already been reinstated with full backpay and benefits, the parties have filed a motion to approve settlement and to dismiss the cases based on a reduction in the proposed civil penalties for the alleged discriminatory conduct. The terms of the settlement are that the total penalties for these matters have been reduced from $18,000 to $10,000. I have reviewed the settlement and conclude that it is consistent with the purposes of the Act.

ORDER

The parties' motion for approval of settlement is GRANTED.
Respondent shall pay the $10,000 in civil penalties within

Page 2

30 days of this order. Thereupon, these cases are dismissed.

Arthur J. Amchan
Administrative Law Judge

Distribution:

Susan E. Foster, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215-2862

Mark A. Toor, Esq., for Rawl Sales & Processing Co., A.T. Massey Coal Co., Inc., P.O. Box 26765, Richmond, VA 23261

Tony Oppegard, Esq., Mine Safety Project of the Appalachian Research & Defense Fund of Kentucky, 630 Maxwelton Court, Lexington, KY 40508

/lh