Dravo Basic Materials Company, Inc. (ALJ decision, September 28, 1990)

Plain-English summary

Alonzo Walker was found to have been discharged in violation of the Mine Act from his dragline operator job at the Selma Mine. In this order, Judge William Fauver approved a settlement between Walker, Dravo Basic Materials, and R & S Materials. The settlement required $5,890.63 in backpay, $75 in interest, reinstatement at $6.50 per hour, correction of the discharge record, and a $200 civil penalty. The order stated that the proceeding would not receive a final disposition until a supplemental decision was issued.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(c)(1) and 820(c)
• Outcome: The settlement was approved with backpay, reinstatement, record correction, and a $200 civil penalty, subject to a later supplemental decision.
• Key point: A settlement resolving discrimination liability and relief may require reinstatement and backpay while the judge retains the matter for a supplemental final disposition.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. DRAVO BASIC MATERIALS
DDATE:
19900928
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. SE 90-86-DM
ON BEHALF OF
MSHA Case No. MD 90-03
ALONZO WALKER,
COMPLAINANT
Selma Mine
v.

DRAVO BASIC MATERIALS COMPANY,
INC.

AND

R & S MATERIALS, INC.,
RESPONDENTS

ORDER

Before: Judge Fauver

On August 10, 1990, I issued a decision finding that Alonzo Walker was discharged by R & S Materials, Inc., on January 10, 1990, in violation of section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The parties were given additional time to submit proposed findings and conclusions on the issues of liability of Dravo Basic Materials Company, Inc., as a successor in interest, the civil penalty to be assessed, and the relief to be granted to Mr. Walker.

The parties have filed a proposed settlement of these remaining issues. I find the settlement to be consistent with the record and the purposes of the Act.

WHEREFORE IT IS ORDERED that:

1. The joint motion to approve settlement is GRANTED.

2. Within 30 days of this order, Alonzo Walker will be paid backpay from January 10, 1990, through April 22, 1990, in the amount of $5,890.63, plus $75.00 in interest. Such payment will be a full and complete accord and satisfaction of all monetary claims by Mr. Walker against Dravo and R & S arising out of his discharge on January 10, 1990. Dravo and R & S may allocate between themselves the responsibility for paying such backpay and interest.

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3. Alonzo Walker will be reinstated by Dravo to the position of dragline operator at the Selma Mine at the same rate of pay as he earned on January 10, 1990, i.e., $6.50 an hour. Reinstatement will occur at a date to be agreed upon by Dravo and Mr. Walker, but no later than October 29, 1990. Until such reinstatement, economic reinstatement of Mr. Walker as provided by the previous order of temporary reinstatement will continue.

4. Dravo acknowledges that it will consider, and is ordered to consider, the discharge of Mr. Walker on January 10, 1990, as null and void and of no effect. The record of such discharge will not be considered in any way in any future employment decisions, including but not limited to promotions, pay increases, and layoff, nor in any disciplinary proceedings concerning Mr. Walker.

5. Within 30 days of this order, Dravo and R & S shall pay a civil penalty of $200 for the violative discharge of Mr. Walker. Dravo and R & S may allocate between themselves the responsibility for paying such civil penalty.

6. Upon compliance with this order, the Secretary shall file a satisfaction of order, signed by counsel for the Secretary and by Alonzo Walker.

7. The decision of August 10, 1990, and this order shall not become a final disposition of this proceeding until a supplemental decision is issued.

William Fauver
Administrative Law Judge