Sproule Construction Co.

Plain-English summary

Sproule Construction Co. was accused of unlawfully discharging miner Steven Shaffer after protected activity under section 105(c) of the Mine Act. At the hearing, the parties negotiated a settlement that required Sproule to pay Shaffer $2,000, expunge his personnel record, post a notice affirming miners' rights, and pay a $750 civil penalty. Judge Jacqueline R. Bulluck approved the settlement as appropriate and in the public interest. The proceeding would be dismissed after Sproule complied with all settlement terms.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)(3)
• Outcome: The settlement was approved, with $2,000 to Shaffer and a $750 civil penalty.
• Key point: An approved Mine Act discrimination settlement can require both individual relief and a civil penalty.

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

                   September 24, 1999

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. LAKE 99-88-DM
on behalf of STEVEN SHAFFER, : NC MD 98-04
Complainant :
v. : Portable No. 2
: Mine ID 11-03204
SPROULE CONSTRUCTION CO., :
Respondent :

                        DECISION

Appearances: Denise C. Hockley-Cann, Esq., Office of the
Solicitor, U.S. Department of Labor, Chicago,
Illinois for Complainant;
Richard P. Reichstein, Esq., Chicago, Illinois
for Respondent.

Before: Judge Bulluck

 This case concerns a discrimination proceeding filed

pursuant to Section 105(c) of the Federal Mine Safety and
Health Act of 1977, 30 U.S.C. §815(c)(3). The Secretary,
on behalf of Steven Shaffer, alleges that Shaffer was
unlawfully discharged on May 29, 1998, and seeks
reinstatement of Shaffer with back pay, interest and
benefits, and expungement of Shaffer's personnel record of
all references to the incidents surrounding the protected
activity. Additionally, the Secretary seeks orders directing
Sproule to cease and desist discriminatory activities
directed at all miners, posting of a notice of violation,
and imposition of a $1,500.00 civil penalty.

 A hearing on the merits was convened on August 3, 1999,

in Dubuque, Iowa, during which MSHA Inspector Stephen Field
testified. Based on information gleaned from the inspector's
testimony, the Parties entered into a discussion and
negotiated a settlement. Under the terms of the agreement,
Sproule is required to take the following action:

 1.  pay to the Secretary, for the benefit of Steven 
 Shaffer, the sum of $2,000.00;

 2.  expunge Steven Shaffer's personnel file of any and 
 all references  to the incidents giving  rise  to  his 
 May 29, 1998 discharge;

 3.    post a "Notice to all Employees" affirming its
 commitment to section 105(c) of the Mine Act, and 
 setting  forth miners' rights under section 105(c); 
 and

 4.   pay a civil money penalty in the amount of $750.00 
 for the discrimination violation.

The settlement was approved at hearing, and that determination
is hereby confirmed.

                            ORDER

 The settlement is appropriate and is  in  the  public

interest. WHEREFORE, the approval of settlement is GRANTED,
and it is ordered that Sproule comply with the terms of the
settlement agreement, as set forth above, and pay a civil
penalty of $750.00 within 30 days of the date of this
decision. Upon Sproule's compliance with all terms of
settlement, this proceeding is DISMISSED.

                            Jacqueline R. Bulluck
                            Administrative Law Judge
                            (703) 756-6210

Distribution:

Denise C. Hockley-Cann, Esq., Janet M. Graney, Esq., Office
of the Solicitor, U.S. Department of Labor, 230 S. Dearborn
Street, 8th Floor, Chicago, IL 60604 (Certified Mail)

Richard P. Reichstein, Esq., Chicago, IL 60602 (Certified
Mail)

Mr. Steven Shaffer, P. O. Box 3302, Dubuque, IA 3302-52004
(Certified Mail)