Consol Pennsylvania Coal Company (ALJ decision, April 3, 1987)

Plain-English summary

Larry Brian Anderson brought a discrimination proceeding against Consol Pennsylvania Coal Company concerning the removal of his employment application from consideration. In an earlier decision, Judge James A. Broderick found that the company violated section 105(c) of the Mine Act and ordered it to reinstate and fairly consider Anderson's application, as well as reimburse reasonable attorney fees and litigation costs. The company submitted evidence that it had reinstated the application and agreed with Anderson's counsel on the fees and costs. In this supplemental decision, the Judge reaffirmed the earlier decision, found compliance with two parts of the prior order, and ordered reimbursement of the agreed attorney fees.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The earlier discrimination decision was reaffirmed, compliance was recognized, and reimbursement of agreed attorney fees was ordered.
• Key point: The supplemental decision confirmed reinstatement of the application and required payment of the agreed attorney fees.

Full text (FMSHRC public release)

CCASE:
LARRY ANDERSON V. CONSOL COAL
DDATE:
19870403
TTEXT:

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

LARRY BRIAN ANDERSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. PENN 86-221-D v.

CONSOL PENNSYLVANIA COAL
COMPANY,
RESPONDENT

SUPPLEMENTAL DECISION

Appearances: Michael J. Healey, Esq., Healey & Davidson, Pittsburgh, Pennsylvania, for Complainant;
Michael R. Peelish, Esq., Pittsburgh,
Pennsylvania, for Respondent.

Before: Judge Broderick

On March 5, 1987, I issued my decision in this proceeding in which I determined that Respondent violated section 105(c) of the Act when it removed Complainant's application from consideration for employment at the subject mine.

I ordered Respondent to reinstate Complainant's application and consider it in good faith for openings for which he is qualified without regard to his alleged absentee record at Consol mines and without regard to his alleged reporting of his supervisor's safety violations. I also ordered Respondent to reimburse Complainant for his reasonable attorney fees and costs of litigation.

On March 23, 1987, counsel for Respondent submitted a copy of a memorandum from counsel to the Industrial and Employee Relations Supervisor at the subject mine directing him to reinstate Complainant's application and consider it in good faith for openings for which he is qualified. Counsel stated that the application has been reinstated. Counsel for Respondent further stated that he agreed with Complainant's counsel on the attorney fees and costs of litigation and would pay the agreed amount to Complainant's attorney.

Complainant's attorney has not responded to Respondent's submission.

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Premises considered, IT IS ORDERED:

(1) The decision issued March 5, 1987, is reaffirmed.

(2) Respondent has complied with order (1) and (3) in said decision.

(3) Respondent shall reimburse Complainant for his attorney fees in the amount agreed upon by counsel.

(4) This decision is final.

James A. Broderick
Administrative Law Judge