Jim Walter Resources, Incorporated (ALJ decision, January 25, 1994)

Plain-English summary

An earlier decision found that Jim Walter Resources discriminated against James Johnson in violation of section 105(c) of the Mine Act by imposing a two-day unpaid suspension. Judge William Fauver retained jurisdiction to decide damages and awarded Johnson $564.70 in back pay, plus interest from March 15, 1992, through payment. The order stated that this decision and the November 18, 1993 decision constituted the judge’s final disposition of the proceeding.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)
• Outcome: The respondent was ordered to pay $564.70 in back pay plus interest.
• Key point: The judge resolved the monetary relief after an earlier discrimination finding and made the two decisions the final disposition of the proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) AND UMWA V. JIM WALTER RESOURCES DDATE: 19940125 TTEXT:

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. SE 93-127-D
On Behalf of JAMES JOHNSON, : Mine ID 01-01401 Complainant :
and
: No. 7 Mine
:
UNITED MINE WORKERS OF
:
AMERICA (UMWA),
:
Intervenor :
v. :
:
JIM WALTER RESOURCES,
:
INCORPORATED,
:
Respondent :

DECISION

Appearances: William Lawson, Esq., Office of the Solicitor, U.S. Department of Labor, Birmingham, Alabama, for Complainant;
David M. Smith, Esq., Mark Strength, Esq., and R. Stanley Morrow, Esq., Birmingham, Alabama, for the Respondent.

Before: Judge Fauver

The Decision on November 18, 1993, held that Respondent discriminated against James Johnson in violation of Section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.S. 801 et seq. The discrimination included a two-day suspension without pay. Jurisdiction was retained pending a final decision on damages.

I find that James Johnson is entitled to back pay for the two-day suspension (March 14 and 15, 1992) in the total amount of $564.70 plus interest from March 15, 1992, until the date of payment of the back pay.

ORDER

1. Within 30 days of the date of this Decision, Respondent shall pay James Johnson back pay of $564.70 plus interest accrued from March 15, 1992, until the date of payment, interest to be computed in accordance with the Commission's decisions prescribing the method of computing interest.

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2. This Decision and the Decision of November 18, 1993, constitute the judge's final disposition of the issues in this proceeding.

William Fauver
Administrative Law Judge

Distribution:

William Lawson, Esq., Office of the Solicitor, U.S. Department of Labor, Suite 150, Chambers Building, Highpoint Office Center, 100 Centerview Drive, Birmingham, AL 35216 (Certified Mail)

David M. Smith, Esq., Mark Strength, Esq., Maynard, Cooper & Gale, 1901 Sixth Avenue, North, 2400 AmSouth, Harbert Plaza, Birmingham, AL 35203-2602 (Certified Mail)

R. Stanley Morrow, Esq., Jim Walter Resources, P.O. Box 133, Brookwood, AL 35444 (Certified Mail)

Mary Lu Jordan, Esq., United Mine Workers of America, 900 Fifteenth St., N.W., Washington, D.C. 20005 (Certified Mail)

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