Jim Walter Resources, Inc. (ALJ decision, June 21, 1996)

Plain-English summary

The Commission remanded this case for reconsideration of penalties and related expenses in proceedings involving alleged violations of Mine Act sections 103(f) and 105(c). The parties then asked the judge to approve a settlement. Judge Avram Weisberger approved it, requiring Jim Walter Resources to pay $4,000 in total civil penalties and $261.56, less required withholdings, to the complainant for hearing-related expenses. The order required both payments within 30 days.

Decision snapshot

• Cited provisions: 30 U.S.C. § 813(f) and 30 U.S.C. § 815(c)
• Outcome: The settlement was approved, with $4,000 in civil penalties and $261.56 payable to the complainant.
• Key point: The remand settlement resolved the penalty reassessment and the complainant’s hearing-related expenses.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

June 21, 1996

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 93-182-D
ON BEHALF OF
:
CARROLL JOHNSON, : MSHA Case No. BARB CD 92-20
Complainant :
v. : Mine No. 7
:
JIM WALTER RESOURCES, INC., :
Respondent :
and
:
UNITED MINE WORKERS OF :
AMERICA,
:
Intervenor, :
:
SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. SE 93-104
Petitioner : A.C. No. 01-01401-03938
v. :
: Mine No. 7
JIM WALTER RESOURCES, INC., :
Respondent :

DECISION ON REMAND

Before: Judge Weisberger

On April 24, 1996, the Commission remanded this case to reconsider the assessment of penalties with respect to violations of Section 103(f) and 105(c) of the Federal Mine Safety & Health Act of 1977 (Athe Act@). Specifically, the remand required reconsideration of the issues of the Operator=s history of violations and good faith, and the gravity of the violations. Also required was reconsideration of the expenses incurred by the Complainant as a result of his pursuing the discrimination action.

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On June 18, 1996, the Secretary filed a Joint Motion to Approve Settlement. The motion seeks to increase the penalty for the Section 105(c) violation to $3,000. The parties agree that the penalty for the section 103(f) violation should remain at $1,000. It was further agreed that the Complainant be paid $261.56, less legally required withholdings, as a result of attending the hearing in this matter.

Based on the evidence of record and the representations set forth in the motion, I conclude that the settlement is consistent with the purposes of the Act, and the motion is granted.

ORDER

It is ORDERED that the Operator pay, within 30 days of this decision, a total civil penalty of $4,000. It is further ORDERED that the Operator within 30 days of this decision, pay the Complainant $261.56 less legally required withholdings.

Avram Weisberger
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., Maynard , Cooper & Gale, 1901 Sixth Avenue North, 2400 AmSouth / Harbert Plaza, Birmingham, AL 35203-2602 (Certified Mail)

Barry A. Woodbrey , Jr., Esq., United Mine Workers of America, 900 15th Street, N.W. , Washington, DC 20005 (Certified Mail)

/ml

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