Jim Walter Resources, Inc.

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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Page 2

 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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