Secretary of Labor on behalf of Sterling Schultz v. Cleveland Cliffs Iron Co. (ALJ decision, July 30, 1986)

Plain-English summary

The Secretary brought a complaint for Sterling Schultz alleging that Cleveland Cliffs Iron Co. intimidated him for helping MSHA inspectors at the Tilden Mine. The company denied the allegation, and the case did not seek back pay or damages. The parties later agreed that Cleveland Cliffs would not discipline Schultz for exercising his rights, and the company said his personnel file contained no reference to the incident. Judge James A. Broderick granted the Secretary's motion and dismissed the proceeding under the parties' agreement. No monetary relief or penalty was ordered.

Decision snapshot

• Cited standards: No specific regulation is identified in the decision.
• Outcome: Discrimination complaint dismissed under the parties' agreement; no monetary relief or penalty ordered.
• Key point: The dismissal followed a written agreement addressing future discipline and the employee's personnel record.

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
July 30, 1986

SECRETARY OF LABOR,
: DISCRIMINATION COMPLAINT
MINE SAFETY AND HEALTH
?
ADMINISTRATION (MSHA),
: Docket No. LAKE 86-39-DM
ON BEHALF OF STERLING
:
SCHULTZ,
: MSHA Case No. MD 85-03
Complainant
:
: Tilden Mine
v. :
:
CLEVELAND CLIFFS IRON CO.,
:
Respondent
:

ORDER OF DISMISSAL
.

Before: Judge Broderick
,:

The Secretary filed this complaint on behalf of Sterling Schultz alleging that on September 18, 1984, Respondent intimidated Complainant because he assisted MSHA inspectors in conducting safety and health inspections. Respondent denied the allegation. The case does not involve any claim for back pay or damages. On July 22, 1986, the Secretary filed a Motion to Dismiss this proceeding. It included a settlement for the Secretary and Respondent. Respondent agrees to abide by section 105(a) of the Act and states that it will not take any disciplinary action against Complainant for exercising his rights under section 105(a). Respondent states that Complainant's personnel records do not contain any reference to the incidents of September 18, 1984, for which this complaint was filed. Respondent regrets the incident of September 18, 1984, and any misunderstanding that may have arisen from it.
Based on the facts stated in the motion and the agree- ment of the parties, the motion is GRANTED, and this proceeding is DISMISSED.

b.I t James A. Broderick
Administrative Law Jude

1133
Distribution:
Rafael Alvarez, Esq., U.S. Department of Labor, Office of the Solicitor, 230 South Dearborn Street, Chicago, IL 60604 (Certified Mail) Mr. Sterling Schultz, Route 1, 37538 County Road 496, Champion, MI 59814 (Certified Mail) .-
Ronald E. Greenlee, Esq., Clancy, Hansen, Chilman, Graybill Q Greenlee, P.C., Peninsula Bank Building, Ishpeming, MI 49849 (Certified Mail) sik

1134 W. S. GOVERNWNT PRINTING OFFICE 1986; 491-223/53105