Thomasville Stone & Lime Company (ALJ decision, January 26, 1994)

Plain-English summary

James A. Weatherington and Dale H. Hoke filed discrimination complaints under section 105(c) of the Mine Act against Thomasville Stone & Lime Company. The parties entered a settlement under which the company agreed to remove documents related to the events from the complainants’ personnel and other files, and the complainants agreed to withdraw their complaints. Judge T. Todd Hodgdon granted the Secretary’s motion and dismissed both cases with prejudice.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)
• Outcome: Both discrimination complaints were dismissed with prejudice under the parties’ settlement.
• Key point: The judge approved withdrawal of the complaints after the parties carried out their settlement commitments.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. THOMASVILLE STONE & LIME
DDATE:
19940126
TTEXT:

Page 2

~178

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDINGS
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA),
: Docket No. PENN 93-433-DM
ON BEHALF OF
:
JAMES A. WEATHERINGTON, : NE-MD 93-01
Complaint
:
:
v. :
:
THOMASVILLE STONE & LIME
:
COMPANY,
:
Respondent
:
:
:
SECRETARY OF LABOR,
: Docket No. PENN 93-434-DM
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA),
: NE-MD 93-02
ON BEHALF OF
:
DALE H. HOKE,
: Thomasville Mine
Complaint
:
:
v. :
:
THOMASVILLE STONE & LIME
:
COMPANY,
:
Respondent
:

ORDER OF DISMISSAL

Before: Judge Hodgdon

These cases are before me on complaints of discrimination under Section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(c). The complainants, by counsel for the Secretary, have filed a motion to withdraw their discrimination complaints and to dismiss the cases.

This motion is being made pursuant to a settlement agreement between the parties. In the agreement, the Respondent agreed "to remove, upon execution of this Agreement, any and all documents from all personnel and other files that it maintains on [the

Page 3

~179
complainants] related to the period and events at issue in this case" and the Complainants agreed to " withdraw the complaint of discrimination which was filed with the Mine Safety and Health Administration on October 30, 1992" and to authorize "the Secretary of Labor to seek dismissal of the Complaint filed with the Federal Mine Safety and Health Review Commission."

It appears that the parties have carried out their commitments under the settlement agreement. Accordingly, the motion to withdraw the discrimination complaints and to dismiss the cases is GRANTED and the captioned cases are DISMISSED with prejudice.
T. Todd Hodgdon
Administrative Law Judge
(703) 756-4570

Distribution:

Susan M. Jordan, Esq., Office of the Solicitor, U.S. Department of Labor, 3535 Market Street, Room 14480, Gateway Building, Philadelphia, Pennsylvania 19104 (Certified Mail)

Henry Chajet, Esq., Jackson & Kelly, 2401 Pennsylvania Avenue, N.W., Suite 400, Washington, D.C. 20037 (Certified Mail)

Thomasville Stone & Lime Company, P.O. Box 23, Thomasville, Pennsylvania 17364 (Certified Mail)

Office of Special Investigation, MSHA, Metal/NonMetal, U.S. Department of Labor, 4015 Wilson Blvd., Arlington, Virginia 22203 (Certified Mail)

Dale Hoke, R.D. #1, Box 456, Thomasville, Pennsylvania 17364 (Certified Mail)

James Wetherington, 418 North Franklin Street, Hanover, Pennsylvania 17331 (Certified Mail)