UMWA o/b/o Nelson v. Secretary of Labor

Plain-English summary

The United Mine Workers of America filed two discrimination complaints alleging that MSHA officials failed to protect the confidentiality of miners who reported safety violations. The union sought an order stopping disclosure of miners' names to mine operators and requested civil penalties under section 105(c) of the Mine Act. The Commission had stayed the matter while settlement negotiations continued. After the union reported that the parties had reached a settlement and that MSHA had reaffirmed its confidentiality policy and agreed to investigate reported violations, the Commission dissolved the stay and dismissed the proceeding.

Decision snapshot

• Cited standard(s): 30 U.S.C. § 815(c)
• Outcome: The Commission dissolved its prior stay and dismissed the two discrimination proceedings after settlement.
• Key point: A Commission discrimination proceeding may be dismissed after the parties settle and the complainant no longer wishes to proceed.

Full text (FMSHRC public release)

CCASE:
UMWA (DAN NELSON) V. SOL (ROBERT KIYKENDALL)
DDATE:
19930322
TTEXT:

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                               March 22, 1993

UNITED MINE WORKERS OF AMERICA, :
ON BEHALF OF DAN NELSON :
:
v. : Docket Nos. SE 88-92-D
: SE 88-93-D
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
AND ROBERT KIYKENDALL :
:
and :
:
UNITED MINE WORKERS OF AMERICA, :
ON BEHALF OF DAN NELSON, :
RONALD SONEFF, TOMMY BOYD, :
STAN ODOM, AND CARROLL JOHNSON :
:
v. :
:
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
AND JOHN WEEKLY AND :
WILLARD (GENE) QUERRY :

BEFORE: Holen, Chairman; Backley, Doyle and Nelson, Commissioners

                                      ORDER

BY THE COMMISSION:

   The United Mine Workers of America ("UMWA") filed these discrimination

complaints pursuant to the Federal Mine Safety and Health Act of 1977, 30
U.S.C. 801 et seq. (1988), alleging that certain officials of the Department
of Labor's Mine Safety and Health Administration ("MSHA") had failed to
protect the confidentiality of miners who had reported violations of MSHA's
safety standards. The UMWA requested an order directing MSHA to stop
disclosing to mine operators the names of miners reporting safety violations
and sought assessment of civil penalties for MSHA's alleged violations of
section 105(c) of the Mine Act, 30 U.S.C. 815(c). In an unpublished order
dated February 14, 1992, Administrative Law Judge Avram Weisberger dismissed
the UMWA's complaints on the basis of the Commission's decision in Wagner v.

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Pittston Coal Group, 12 FMSHRC 1178 (June 1990), aff'd mem. sub. nom. Wagner
v. Martin, No. 91-2025 (4th Cir. Nov. 5, 1991). The Commission granted the
UMWA's petition for discretionary review and, at the parties' request, stayed
this matter in April 1992, pending completion of their settlement
negotiations.

  On March 8, 1993, the UMWA filed a motion to dismiss this matter on the

basis that the parties have reached a settlement agreement and that it no
longer wishes to proceed with this case. The motion states that MSHA has
issued an internal memorandum "reaffirming MSHA's policy that confidentiality
be maintained during investigations of safety or health complaints." The
motion states further that MSHA has agreed to investigate all reported
violations of this policy.

  Upon consideration of the motion and on the basis of the UMWA's

representations, our prior stay is dissolved and this proceeding is dismissed.

                                      Arlene Holen, Chairman


                                      Richard V. Backley, Commissioner


                                      Joyce A. Doyle, Commissioner


                                      L. Clair Nelson, Commissioner