Victor McCoy v. Crescent Coal Company, Crescent Industries, and International Minerals and Chemicals Corporation (ALJ decision, May 11, 1982)

Plain-English summary

An earlier decision found that Victor McCoy had been unlawfully discharged by Crescent Coal Company and ordered reinstatement, back pay, and attorney fees. At a later hearing to set the amounts, the parties settled the remedy. Judge James A. Broderick approved $55,000 for back pay and interest and $45,000 for attorney fees and litigation expenses, both due within 40 days. McCoy agreed to give up reinstatement and, upon payment, any further claim arising from the discharge under the 1969 Coal Mine Safety Act.

Decision snapshot

• Cited standards: None identified in this remedy order.
• Outcome: $100,000 remedy settlement approved; no mine safety penalty assessed.
• Key point: The settlement replaced reinstatement with fixed monetary relief for the earlier unlawful discharge.

Full text (FMSHRC public release)

CCASE:
VICTOR McCOY V. CRESCENT COAL
DDATE:
19820511
TTEXT:
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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

VICTOR MCCOY,
Complaint of Discharge,
COMPLAINANT Discrimination, or Interference v.
Docket No. PIKE 77-71
CRESCENT COAL COMPANY,
CRESCENT INDUSTRIES,
INTERNATIONAL MINERALS AND
CHEMICALS CORPORATION (IMC),
RESPONDENTS

ORDER APPROVING SETTLEMENT AGREEMENT

On September 28, 1981, I issued a decision in this proceeding in which I found that Complainant was discharged by Respondent on April 22, 1977, in violation of section 110(b) of the Coal Mine Safety Act of 1969. I ordered that Respondent Crescent Coal Company offer Complainant reinstatement in the position from which he was discharged; that Respondent pay him back pay with interest thereon from the date of discharge until he is offered reinstatement; and that Respondent Crescent pay a reasonable attorney's fee for services rendered by counsel for Complainant.

Pursuant to notice, a hearing was called on May 4, 1982, in Pikeville, Kentucky, for the purpose of receiving evidence on the issues of the amount of Complainant's entitlement to back pay and attorneys fees.

After the commencement of the hearing, the parties agreed to settle Complainant's claims and stated their agreement on the record as follows:

1. Respondents agree not to seek review of my decision of September 28, 1981, on the merits of the Complainant.

2. Reinstatement will not be provided or offered Complainant.

3. Respondents shall pay to Complainant Victor McCoy the sum of $55,000 in full settlement of his claim for back wages and interest resulting from his discharge on April 22, 1977.
~896
4. Respondents shall pay to Complainant and his attorneys the sum of $45,000 in full settlement of their claim for reimbursement of attorneys fees and expenses of litigation in this proceeding.

5. The rights of Respondents among themselves as to the amounts due hereunder are not determined by this order.

The agreement was explained to Complainant on the record and he expressed his understanding of it, and his agreement to its terms. Having duly considered the matter, I conclude that the agreement is in the best interest of Complainant and serves the purposes of the Act.

Therefore, IT IS ORDERED that the settlement agreement is APPROVED. IT IS FURTHER ORDERED

1. that Complainant has no right to reinstatement, under paragraph 1 of my order of September 28, 1981, or otherwise.

2. Within 40 days of the date of this order, Respondent shall pay the sum of $55,000 to Complainant as back wages and interest due under paragraph 2 of my order of September 28, 1981.

3. Within 40 days of the date of this order, Respondent shall pay the sum of $45,000 to Complainant and his attorneys as attorneys fees and expenses due under paragraph 3 of my order of September 28, 1981.

4. Upon payments of the amounts recited in paragraphs numbered 2 and 3 above, Complainant will have no further claim under the Coal Mine Safety Act of 1969 against Respondents arising out of his discharge on April 22, 1977.

5. The rights of Respondents as among themselves are not determined by this order.

James A. Broderick
Administrative Law Judge