United Mine Workers of America on Behalf of Charles Mark Rosen, et al. v. Saginaw Mining Company (ALJ decision, July 29, 1993)

Plain-English summary

The United Mine Workers of America brought a discrimination complaint under section 105(c)(3) on behalf of Charles Mark Rosen and other complainants. Saginaw Mining Company agreed, without admitting discrimination, to pay $200 to District 6 and Local Union 9695 for distribution to the complainants. Judge Jerold Feldman approved the settlement and ordered payment within 30 days. After payment, the complaint was to be dismissed with prejudice.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(3)
• Outcome: The settlement was approved, with a $200 payment followed by dismissal with prejudice.
• Key point: The ALJ approved a settlement that resolved the discrimination complaint without an admission of discriminatory conduct.

Full text (FMSHRC public release)

CCASE:
UNITED MINE WORKERS V. SAGINAW MINING
DDATE:
19930729
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

UNITED MINE WORKERS of : DISCRIMINATION PROCEEDING AMERICA on Behalf of : CHARLES MARK ROSEN, et al., : Docket No. LAKE 93-89-D
Complainants : MORG CD 92-15
v. :
: Saginaw Mine
SAGINAW MINING COMPANY, :
Respondent :

DECISION APPROVING SETTLEMENT

This case is before me based upon a discrimination complaint filed pursuant to Section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(c)(3) (the Act). The parties now seek my approval of their joint motion for settlement of this matter. The substance of their proposed resolution is that the respondent, without admitting that any discriminatory act has occurred, has agreed to pay the total sum of $200 to District 6 and Local Union 9695, which will be distributed appropriately to the complainants on behalf of whom this action was brought.

I have considered the information provided in support of the parties' motion and I conclude that the proffered settlement should be approved. Accordingly, the motion for the approval of settlement IS GRANTED and IT IS ORDERED that the respondent make payment of the sum noted above within 30 days of the date of this order. IT IS FURTHER ORDERED that, upon receipt of payment, the subject complaint in this proceeding IS DISMISSED WITH PREJUDICE.

Jerold Feldman
Administrative Law Judge

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Distribution:

Thomas M. Myers, General Counsel, District 6 UMWA, 56000 Dilles Bottom, Shadyside, OH 43947 (Certified Mail)

George Basara, Esq., Polito, and Smock, P.C., Suite 400, Four Gateway Center, Pittsburgh, PA 15222 (Certified Mail)

John Dubiel, Mine Manager, Saginaw Mining Co., P.O. Box 218, St. Clairsville, OH 43950 (Certified Mail)

Carol Feinberg, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Room 516, Arlington, VA 22203 (Certified Mail)

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