Occidental Chemical Company (ALJ decision, December 3, 1987)

Plain-English summary

The Secretary of Labor moved to withdraw Richard W. Haviland's discrimination complaint after Haviland and Occidental Chemical reached a settlement. The proposed settlement included compensation, restoration of fringe benefits, reinstatement, reimbursement of covered medical claims, and expungement of the discharge from Haviland's personnel records. After considering the intervening union's position and Haviland's written statement supporting withdrawal, Judge James A. Broderick found the settlement in Haviland's best interest and dismissed both proceedings.

Decision snapshot

• Cited standards: None stated in the decision.
• Outcome: The motion to withdraw was granted, and the discrimination proceedings were dismissed under the settlement.
• Key point: An ALJ may approve withdrawal of a discrimination complaint when the settlement is in the complainant's best interest and furthers the Mine Act's purposes.

Full text (FMSHRC public release)

CCASE:
(MSHA) RICHARD HAVILAND,
OCCIDENTAL CHEMICAL
DDATE:
19871203
TTEXT:

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FMSHRC-FCV
DEC 30, 1987

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. SE 87-44-DM ON BEHALF OF
RICHARD W. HAVILAND,
Docket No. SE 87-89-DM
Complainant
Swift Creek Mine v.

OCCIDENTAL CHEMICAL COMPANY,
Respondent
and

INTERNATIONAL CHEMICAL
WORKERS UNION, LOCAL NO.
784,
Intervenor

ORDER OF DISMISSAL

Before: Judge Broderick

On December 2, 1987, the Secretary filed a motion to withdraw its complaint in this case on the grounds that Complainant and Respondent reached a settlement in this matter according to which Richard Haviland is to receive a lump sum payment in compensation for the period June 30, 1986 to March 9, 1987, to be restored to all fringe benefits of his employment, to be reinstated to the position of Combination Analyst Repairman, to be reimbursed for covered medical claims accruing during the period June 30, 1986 to March 9, 1987, and to have his personnel records expunged of the complained-of discharge. On December 9, 1987, the Intervenor replied to the motion and stated that under the collective bargaining contract, Mr. Haviland would not be entitled to be reinstated in the position of Combination Analyst Repairman.

On December 14, 1987, the matter was discussed in a conference call with counsel for the Secretary and Respondent and Representatives of the lntervenor. The position of the Intervenor Union is that Haviland can claim the right to

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be reinstated to a position other than that of Analyst Repairman, approximately the same rate of pay. At my request Mr. Haviland submitted a statement, filed December 23, 1987, ln which he indicated that he was aware of the position of the Union, but nevertheless desired to withdraw his complaint in accordance with the settlement agreement.

I have considered the motion and related filings and conclude that the settlement is in the best interest of the Complainant, and in furtherance of the purposes of the Act. Therefore, the motion to withdraw is GRANTED, and these proceedings are DISMISSED.

James A. Broderick
Administrative Law Judge

Distribution:

Glenn Embree, Esq., U.S. Department of Labor, Office of the Solicitor, 1371 Peachtree St., N.E., Rm. 339, Atlanta, GA 30367 (Certified Mail)

Thomas Means, Esq., Crowell & Moring, 1001 Pennsylvania Ave., N.W., Washington, DC 20004 (Certified Mail) Ben Cox, President, Local 784, International Chemical Workers Union, Rt. 1, Box 114-A, White Springs, FL 32096 (Certified Mail)