Reading Anthracite Company (ALJ decision, February 10, 1995)

Plain-English summary

The Secretary sought approval to withdraw a discrimination complaint filed on behalf of William Ploxa against Reading Anthracite Company. The settlement required Ploxa to withdraw his complaint and the company to rescind a proposed $5,000 civil penalty and expunge disciplinary records related to the conduct at issue. Judge Jerold Feldman approved the withdrawal and penalty rescission. The complaint was dismissed with prejudice once the settlement terms were satisfied.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(2)
• Outcome: The discrimination complaint was dismissed with prejudice after settlement, and the proposed $5,000 penalty was rescinded.
• Key point: The ALJ approved a settlement requiring withdrawal of the complaint, rescission of the proposed penalty, and expungement of related disciplinary records.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

February 10, 1995

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE AND SAFETY AND HEALTH :
ADMINISTRATION (MSHA),
: Docket No. PENN 94-532-D
ON BEHALF OF
: MSHA Case No. WILK CD 94-02
WILLIAM PLOXA,
:
Complainant
: Knickerbocker M-112
v. :
:
READING ANTHRACITE COMPANY, :
Respondent
:
:

ORDER OF DISMISSAL

Before: Judge Feldman

The Secretary has filed a settlement motion that seeks my approval of his request to withdraw the discrimination complaint filed in this matter on behalf of William Ploxa pursuant to Section 105(c)(2) of the Mine Safety and Health Act of 1977, 30 U.S.C. ' 815(c)(2). The settlement terms include Mr. Ploxa's withdrawal of his subject complaint filed with the Mine Safety and Health Administration as well as the recision of the $5,000 civil penalty proposed by the Secretary against the respondent in this case. In return, the respondent has agreed to expunge Mr. Ploxa's personnel file of any and all evidence of disciplinary action taken against him as a result of his conduct on or about March 25, 1994, and any related subsequent conduct.

Under the circumstances herein, permission for the Secretary to rescind the proposed civil penalty and withdraw the complaint filed on behalf of William Ploxa IS HEREBY GRANTED. Upon satisfaction of the terms of the settlement agreement, the above captioned discrimination complaint IS DISMISSED with prejudice.

Jerold Feldman
Administrative Law Judge

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Distribution:

Anthony G. O'Malley Jr., Esq., Office of the Solicitor, U.S. Department of Labor, Room 14480, Gateway Building, 3535 Market Street, Philadelphia, PA 19104

Martin J. Cerullo, Esq., Cerullo, Datte & Wallbillich, P.C., Second Street & Laurel Blvd., P.O. Box 450, Pottsville, PA 17901

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