Donald C. Beatty, Jr. v. Helvetia Coal Company (ALJ decision, January 7, 1986)

Plain-English summary

Judge James A. Broderick had already found that Helvetia Coal Company discriminated against Donald C. Beatty, Jr. under the Mine Act. This supplemental decision determines the legal fees and expenses Helvetia must pay. The company did not object to the claimed attorney fees or UMWA travel expenses. The judge found the additional claims for three people's briefing and hearing attendance unexplained, so he allowed only the statutory $30 witness fee for each. He ordered specified payments to two attorneys, the UMWA, and UMWA Local 3548.

Decision snapshot

• Cited provision: Mine Act section 105(c), 30 U.S.C. § 815(c).
• Outcome: Helvetia ordered to pay $4,250 to Earl R. Pfeffer, $60 to Mary Lu Jordan, $2,361.12 to the UMWA, and $90 to Local 3548.
• Key point: Unexplained attendance and briefing claims were reduced to statutory witness fees.

Full text (FMSHRC public release)

CCASE:
DONALD BEATTY V. HELVETIA COAL
DDATE:
19860107
TTEXT:
~42

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

DONALD C. BEATTY, JR.,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. PENN 84-205-D v.
Lucerne No. 8 Mine
HELVETIA COAL COMPANY,
RESPONDENT

SUPPLEMENTAL DECISION

Appearances: Earl R. Pfeffer, Esq., Washington, D.C., for Complainant;
William M. Darr, Esq., Indiana, Pennsylvania, for Respondent.

Before: Judge Broderick

I issued a decision on the merits in this case on October 22, 1985 (corrected October 24, 1985). In that decision, I found that Complainant established that he had been discriminated against by Respondent in violation of section 105(c) of the Federal Mine Safety and Health Act of 1977 (Act). As part of the relief, I ordered Respondent to pay the costs and expenses (including attorney's fees) reasonably incurred by Complainant in connection with the institution and prosecution of this proceeding. I directed counsel to confer and attempt to agree on the amount due Complainant as costs and expenses.

Complainant has submitted a statement of attorney's fees in the total amount of $6230. Of this amount, $4250 is claimed for Earl R. Pfeffer, Esq., $60 is claimed for Mary Lu Jordan, Esq., and $1920 is claimed for the United Mine Workers of America (UMWA), by whom Pfeffer and Jordan are employed. $441.12 is claimed by the UMWA for the attorney's travel expenses. Respondent does not object to these amounts.

Complainant has also filed a claim in the total amount of $495.72 for "briefing" of Donald Beatty, Tom Grove and Robert Schork on May 14, 1985, and their appearance at the hearing May 15, 1985. Beatty is the Complainant. Grove and Schork testified on his behalf. The Local Union apparently paid them $167.12, $165.99, and $162.61 respectively. There is no explanation of the amounts claimed. I will allow reimbursement of the statutory witness fees for the three individuals ($30 per day).
~43
Therefore, IT IS ORDERED that Respondent shall pay the follow- ing costs and expenses in satisfaction of paragraph 3 of the Relief in my decision issued October 24, 1985:

1. To Earl R. Pfeffer, Esq. $4250.00
2. To Mary Lu Jordan, Esq. 60.00
3. To UMWA
2361.12
4. To Local 3548, UMWA 90.00

James A. Broderick
Administrative Law Judge