Mark Segedi on behalf of S. J. Ezarik et al. v. Bethlehem Mines Corporation (ALJ decision, April 8, 1981)

Plain-English summary

Judge John F. Cook had issued a discrimination decision concerning workers at Bethlehem Mines Corporation's Somerset No. 60 Mine. He retained jurisdiction to determine the costs and attorney fees due to certain complainants. In this amendment, he postponed the effective date of the dismissal of claims by workers scheduled to begin work at 8:15 a.m. on January 30, 1980. He also postponed the deadlines for paying back pay and interest and for clearing unfavorable employment records until an order disposed of the costs and fees issue. The order set no new monetary amount and left the costs issue pending.

Decision snapshot

• Governing issue: Timing of relief and dismissal in a discrimination proceeding under 30 U.S.C. § 815(c).
• Outcome: Earlier order amended to defer three provisions until the costs and attorney fees issue was resolved; no penalty assessed.
• Key point: The judge retained jurisdiction over costs and fees and tied other remedies to their later disposition.

Full text (FMSHRC public release)

CCASE:
MARK SEGEDI v. BETHLEHEM MINES
DDATE:
19810408
TTEXT:
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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

MARK SEGEDI,
Application for Review
ON BEHALF OF: of Discrimination
S. J. EZARIK, ET AL.,
COMPLAINANTS
Docket No. PENN 80-273-D
v.
Somerset No. 60 Mine
BETHLEHEM MINES CORPORATION,
RESPONDENT

ORDER OF AMENDMENT

On March 31, 1981, a document styled "Decision" was issued in the above-captioned case. The Decision contained an order divided into eight parts, denominated Parts A through H. In Part G of the order, the undersigned Administrative Law Judge retained jurisdiction of the above-captioned proceeding for the purpose of assessing against the Respondent a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by those Complainants identified in Part B of the order in connection with the proceeding. In view of the retention of jurisdiction, Parts A, D, and E of the order are herewith AMENDED to read as follows:

A. IT IS ORDERED that the above-captioned proceeding be DISMISSED as to those Complainants who were scheduled to begin work at 8:15 a.m. on January 30, 1980. Such Complainants are identified as B. G.
Miller; R. Filby; D. W. Clark; C. J. Zukauckas; S. A.
Jestat; T. L. Pysh; R. T. Harris; D. Phillips; G. R.
Wheeler; C. J. Rocco; S. Durko, Jr.; L. T. Pruski; J.
R. Kennedy; R. T. Rados; J. E. Karpoff; M. Toth; J. E.
Timlin; H. W. Ambrosy; G. A. Dean; and G. S. McKeta.
Such dismissal shall take effect immediately upon the issuance of the order disposing of the issues pertaining to the assessment of costs and expenses, including attorney's fees.

D. IT IS FURTHER ORDERED that the Respondent pay the back pay and interest awarded herein within 30 days of the issuance of the order disposing of the issues pertaining to the assessment of costs and expenses, including attorney's fees.

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E. IT IS FURTHER ORDERED that the Respondent, immediately upon the issuance of the order disposing of the issues pertaining to the assessment of costs and expenses, including attorney's fees, clear the employment records of the Complainants identified in Part B of this order of all unfavorable references, if any, concerning the activities that occurred prior to 8:15 a.m. on January 30, 1980.

John F. Cook
Administrative Law Judge