Ezel / Agency Decisions / lake-2014-597-dm-alj

Secretary of Labor on behalf of Gary Kittelson v. Northern Aggregate Inc. (ALJ decision, November 5, 2014)

Secretary of Labor on behalf of Gary Kittelson v. Northern Aggregate Inc. (FMSHRC LAKE 2014-597-DM): Economic reinstatement ordered after termination

Decision type
ALJ decision
Docket
LAKE 2014-597-DM
Decided
November 5, 2014
Presiding judge
John Kent Lewis
Outcome
Procedural
Precedential status
Final order, not precedent
Checked against source
2026-08-02
Cited standards
30 U.S.C. § 815(c) 30 U.S.C. § 815(c)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2014 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 2014
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.
Temporary-reinstatement order, not Commission precedent
This order enforced interim employment relief while the underlying discrimination matter continued. It did not resolve the merits or become a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). No later Commission review appears in the official index. 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

Judge John Kent Lewis had ordered Northern Aggregate to temporarily reinstate Gary Kittelson while MSHA's discrimination proceeding remained pending. Northern Aggregate terminated Kittelson on October 13, 2014, in violation of that order. The Secretary moved to enforce temporary reinstatement and filed a second temporary-reinstatement application. After a conference, the parties agreed that Kittelson would be economically reinstated on terms they would determine. The Judge ordered economic reinstatement effective from the termination date.

Decision snapshot

  • Governing authority: 30 U.S.C. § 815(c)(2)
  • Outcome: Gary Kittelson was ordered economically reinstated from October 13, 2014.
  • Key point: An operator cannot end court-ordered temporary reinstatement by terminating the miner while the discrimination matter remains pending.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

7 PARKWAY CENTER,
SUITE 290

875 GREENTREE ROAD

PITTSBURGH, PA 15220

TELEPHONE:
412-920-7240 / FAX: 412-928-8689

SECRETARY
OF LABOR

MINE
SAFETY AND HEALTH   

ADMINISTRATION
(MSHA) ON

BEHALF
OF GARY KITTELSON,

Petitioner

v.

NORTHERN
AGGREGATE INC.,

Respondent

TEMPORARY
REINSTATEMENT PROCEEDING

Docket
No. LAKE 2014-597-DM

MSHA
Case No. RM-MD-14-13

Mine:
Portable Crusher

Mine
ID: 21-02623

ORDER GRANTING
SECRETARY’S MOTION TO ENFORCE

ORDER OF
TEMPORARY REINSTATEMENT

This case is
before me pursuant to an Application for Temporary Reinstatement brought under Section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
§815(c), et. seq. (the “Mine Act.”). On August 12, 2014, the undersigned issued an Order temporarily reinstating Gary Kittelson to his position in the mine. On October 13, 2014, the Respondent terminated Kittelson’s employment in violation of the Order Approving Temporary Reinstatement. Therefore, on October 23, 2014, the Secretary of Labor filed a Motion to Enforce the Order of Temporary Reinstatement, as well as a second Application for Temporary Reinstatement, LAKE 2015-80-DM. A conference call between the parties and the undersigned was held on November 3, 2014, wherein the parties agreed to economically reinstate Kittelson according to the terms to be determined by the parties.

It is ORDERED that Kittelson
shall be economically reinstated from his October 13, 2014 termination.

/s/ John Kent Lewis

John Kent Lewis

Administrative Law Judge

Distribution:

Gary
Kittelson, 4192 Town Road 98, Loman, MN 56654

Francesca
Cheroutes, Trial Attorney, United States Department of Labor, Office of the Solicitor, Cesar E. Chavez Memorial Building, 1244 Speer Boulevard, Denver, CO 80204

Ben
Wangberg, Fuller, Wallner, Cayko, Pederson & Huseby, Ltd., P.O. Box 880, Bemidji, MN 56619-0880

/mzm

What applies to your situation today?

This order bound one employer. Ezel checks the current MSHA standards and Commission precedent against your facts, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace