Akzo Salt Company, Inc. (ALJ decision, August 31, 1995)

Plain-English summary

The parties stipulated to $2,542.04 in damages owed to James Rieke in a Mine Act discrimination proceeding. Judge Gary Melick ordered Akzo Salt Company to pay those damages and a $2,000 civil penalty within 30 days. The order added those amounts to the remedies directed in the judge's August 7, 1995 interlocutory decision. The official index shows that the Commission later reviewed the case.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(c)
• Outcome: Akzo was ordered to pay $2,542.04 in damages and a $2,000 civil penalty.
• Key point: The judge incorporated stipulated damages and an additional civil penalty into the remedies for the discrimination proceeding.

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

August 31, 1995

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
:
ON BEHALF OF JAMES RIEKE,
: Docket No. LAKE 95-201-DM
Petitioner
: NC-DC 94-10
:
v. : Cleveland Mine
: Mine ID 33-06994
AKZO SALT COMPANY, INC.,
:
Respondent
:

DECISION

Appearances: Lisa A. Gray, Esq., Ruben R. Chapa, Esq., Office of the Solicitor, U.S. Department of Labor, Chicago, Illinois for Complainant;
William Michael Hanna, Esq., Squire, Sanders and Dempsey, Cleveland, Ohio for Respondent

Before: Judge Melick

Pursuant to the interlocutory decision issued in this case on August 7, 1995, the parties have stipulated to damages due the complainant, James Rieke, of $2,542.04.

ORDER

In addition to the other remedies directed in the decision dated August 7, 1995, Akzo Salt Company, Inc. is hereby directed to pay within 30 days of the date of this decision (1) a civil penalty of $2,000 and (2) damages of $2,542.04 to James Rieke.

Gary Melick
Administrative Law Judge
703-756-6261

Distribution:

Ruben Chapa, Esq., Office of the Solicitor, U.S. Department of Labor, 230 S. Dearborn Street, 8th Floor, Chicago, IL 60604

William Michael Hanna, Esq., Squire, Sanders & Dempsey, 4900 Society Center, 127 Public Square, Cleveland, OH 44114
/jf