Mathies Coal Company (ALJ decision, December 29, 1989)

Plain-English summary

Joseph G. Delisio and Mathies Coal Company stipulated to the amount of back pay with interest and litigation expenses after an earlier decision on liability. Judge William Fauver ordered the company to pay $99 in back pay with accrued interest and $2,000 in litigation expenses, including a reasonable attorney's fee. The total amount due was $2,099, payable within 30 days. The Judge also stated that the November 24, 1989 liability decision was final as of this order.

Decision snapshot

• Cited standard(s): None stated in the decision
• Outcome: The Judge ordered payment of $2,099 in back pay, interest, and litigation expenses, and made the prior liability decision final.
• Key point: The parties' stipulation resolved the monetary amounts due after the liability decision.

Full text (FMSHRC public release)

CCASE:
JOSEPH DELISIO V. MATHIES COAL
DDATE:
19891229
TTEXT:

Page 2

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

JOSEPH G. DELISIO,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. PENN 89-8-D
v. MSHA Case No. PITT CD 88-25

MATHIES COAL COMPANY,
Mathies Mine
RESPONDENT

DECISION AND FINAL ORDER

Appearances: Michael J. Healy, Esq., for the Complainant Richard R. Riese, Esq., for the Respondent

Before: Judge Fauver

Following a decision on liability, November 24, 1989, the parties have filed a Stipulation of the amount of Complainant's back pay with interest and his litigation expenses including a reasonable attorney's fee.

WHEREFORE it is ORDERED that:

1. Respondent shall pay Complainant, within 30 days of this order, the following amounts:

1. Backpay with accrued interest: $ 99
2. Litigation expenses, including a resonable attorney's fee: $2,000

TOTAL
$2,099

2. The decision on liability entered on November 24, 1989, is now a final decision effective this date.

William Fauver
Administrative Law Judge