Secretary of Labor on behalf of I.B. Acton and others v. Jim Walter Resources, Inc. (ALJ decision, November 19, 1984)

Plain-English summary

This order followed Judge Gary Melick's earlier decision on discrimination complaints by miners against Jim Walter Resources. The judge noted that no claim for interest or attorney fees had been filed within the time he allowed. He ordered the company to pay 13 miners the training expenses and comparable wages awarded in the earlier decision, with individual amounts listed in the order and payment due within 10 days. He also assessed a $650 civil penalty, or $50 in each of the 13 captioned cases. The Commission later affirmed the training awards but remanded for the calculation of interest and attorney fees.

Decision snapshot

• Cited standards: None identified in this remedial order.
• Outcome: Individual training-cost and wage awards to 13 miners, plus a $650 civil penalty against Jim Walter Resources; the Commission later remanded interest and attorney fees.
• Key point: The judge made the earlier training awards payable and closed the penalty proceedings, while the later Commission decision reopened calculation of interest and fees.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. JIM RESOURCES
DDATE:
19841119
TTEXT:
~2649

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDINGS
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 84-31-D
ON BEHALF OF
Docket No. SE 84-32-D
I.B. ACTON,
Docket No. SE 84-33-D
GRADY ADERHOLT,
Docket No. SE 84-34-D
FREEMAN BUTLER,
Docket No. SE 84-36-D
JAMES L. CAMPBELL,
Docket No. SE 84-37-D
W.D. FRANKLIN,
Docket No. SE 84-39-D
BILLY R. GLOVER,
Docket No. SE 84-40-D
TERRY PEOPLES,
Docket No. SE 84-41-D
WILLIAM REID,
Docket No. SE 84-42-D
CHARLES W. RICKER,
Docket No. SE 84-43-D
TERRY SHUBERT,
Docket No. SE 84-44-D
THEODORE TAYLOR,
MARVIN WISE,
MSHA Case No. BARB CD 83-18

Nebo Mine
ROBERT BURLESON,
COMPLAINANTS Docket No. SE 84-46-D
UNITED MINE WORKERS OF
MSHA Case No. BARB CD 83-28
AMERICA (UMWA),
NO. 7 Mine
INTERVENOR v.

JIM WALTER RESOURCES, INC.,
RESPONDENT

DECISION

Appearances: Frederick W. Moncrief, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for Complainants;
Mary Lu Jordan, Esq., Washington, D.C., for Intervenor;
David M. Smith, Esq., Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Alabama, and Robert W.
Pollard, Esq., Jim Walter Resources, Inc., Birmingham, Alabama, for Respondent.

Before: Judge Melick
~2650
A. Final Disposition of Discrimination Proceedings:

By decision dated October 15, 1984, any claim for interest and attorney's fees in these cases was to be submitted to the undersigned within 20 days thereof. No such claim has been filed and no extension of time requested. Accordingly the Complainants are awarded only the training expenses and comparable wages set forth in that decision. Jim Walter Resources, Inc., is hereby ordered to pay the noted amounts to the following miners within 10 days of the date of this decision:

Name of Miner
Total Due

I.B. Acton
$523.48
Grady Aderholt
485.54
R. Burleson
528.74
F. Butler
418.40
J.L. Campbell
493.88
W.D. Franklin
437.54
R.B. Glover
429.86
T. Peoples
436.54
W.C. Reid
425.86
C.W. Ricker
500.00
T. Shubert
420.14
T. Taylor
439.74
M. Wise
404.86

B. Final Disposition of Civil Penalty Proceedings:

In accordance with the decision in these cases dated October 15, 1984, Jim Walter Resources, Inc., is hereby ordered to pay within 10 days of the date of this decision a civil penalty of $650 ($50 in each of the captioned cases).

Gary Melick
Assistant Chief Administrative Law Judge