Bruce Young and Yogo, Inc.

Plain-English summary

Bruce Young and Yogo, Inc. resolved a discrimination proceeding involving Andy Howard, Jr.’s alleged discharge. The settlement required compensation of $4,350 for alleged mental and emotional distress, expungement of references to the separation and complaint, limits on information provided to prospective employers, and dismissal of an unemployment insurance appeal. Judge Arthur J. Amchan approved the settlement and assessed a $1,000 civil penalty. The case would be dismissed after the required payments were completed.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(c) and 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, with a $1,000 civil penalty and other agreed relief.
• Key point: The approved settlement combined monetary compensation, personnel-file and reference restrictions, and dismissal of the proceeding after payment.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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



                        June 21, 1996

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. KENT 96-96-D
On behalf of ANDY HOWARD, JR., : MSHA Case No. PIKE CD 95-21
Complainant :
v. : Martiki Surface Mine
: Mine I.D. No. 15-07295 BLH
BRUCE YOUNG AND YOGO, INC., :
Respondent :

             DECISION APPROVING SETTLEMENT;
              ASSESSMENT OF CIVIL PENALTY

 The parties have submitted an executed settlement agreement

in this matter which includes, but is not limited to, the
following items:

 1.   Complainant, Andy Howard, Jr., agrees not to institute

any further legal action arising from his alleged discharge of
August 31, 1995;

 2.   Mr. Howard and the Secretary of Labor agree to waive

permanent reinstatement for Mr. Howard;

 3.   Mr. Howard agrees to dismiss the appeal of his Kentucky

unemployment insurance claim;

 4.   Respondents agree to pay Mr. Howard $4,350 for alleged

mental and emotional distress in accordance with a schedule set
forth in the agreement;

 5.   Respondents agree to expunge from Mr. Howard=s

personnel file any references to his separation of August 31,
1995, and any references to the discrimination complaint he
filed with MSHA, or the resulting proceedings before the Federal
Mine Safety and Health Review Commission;

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 6.   Respondents agree not to inform any prospective

employers of Mr. Howard of the discrimination complaint filed
with MSHA, or the resulting proceedings before the Federal Mine
Safety and Health Review Commission;

 7.   Respondents agree to provide Mr. Howard=s prospective

employers with only the following information: dates of employ-
ment with Yogo, Inc., job title and rate of pay;

 8.   The parties agree that $1,000 is an appropriate civil

penalty in this case.

 I have considered the representations set forth in settle-

ment agreement and have determined that they are consistent
with section 105(c) of the Act.

               ASSESSMENT OF CIVIL PENALTY

 Applying the penalty criteria set forth in section 110(i)

of the Act, I conclude that a civil penalty of $1,000 is
appropriate.

                          ORDER

 The parties= motion for approval of the settlement agree-

ment is GRANTED. Respondents Bruce Young and/or Yogo, Inc. are
ordered to pay to the Secretary of Labor a civil penalty of
$1,000 within 30 days of this decision. They are also ordered
to pay the agreed upon compensation to Mr. Howard in accordance
with the terms of the settlement agreement, and to complete
making these payments no later than August 1, 1996. Upon
completion of these payments, and payment of the civil penalty,
this case is DISMISSED.

                            Arthur J. Amchan
                            Administrative Law Judge

Page 3

Distribution:

Thomas A. Grooms, Esq., Office of the Solicitor,
U.S. Department of Labor, 2002 Richard Jones Road,
Suite B-201, Nashville, TN 37215-2862

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

Billy R. Shelton, Esq., Baird, Baird, Baird & Jones, P.S.C.,
415 Second Street, P.O. Box 351, Pikeville, KY 41502-0351

/lh

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