Woodrow Wilson Cosby v. Shaw Maintenance Group (ALJ decision, February 14, 2013)

Plain-English summary

Woodrow Wilson Cosby alleged that Shaw Maintenance Group unlawfully discharged him from the Nestle-Purina site under the Mine Act's discrimination provisions. The parties settled before the hearing record opened. Shaw agreed to pay Cosby $5,000, remove material about the dispute from his personnel and company files, avoid negative job references, and provide letters confirming his employment dates and jobs. Judge Jacqueline R. Bulluck found the agreement appropriate and in the public interest, ordered compliance within 30 days, and dismissed the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(3)
• Outcome: The discrimination settlement was approved, and the case was dismissed.
• Key point: The settlement combined a direct payment with record-clearing and neutral-reference protections for the former employee.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

1331 PENNSYLVANIA AVENUE, NW, SUITE 520N

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9987 / FAX: 202-434-9949

February 14, 2013

WOODROW WILSON COSBY,

Complainant

v.

SHAW MAINTENANCE GROUP,

Respondent

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DISCRIMINATION PROCEEDING

Docket No. VA 2009-322-DM

NE-MD-09-01

King William

Mine ID 44-06882 4TX

DECISION

Appearances: Woodrow Wilson Cosby, Hayes, Virginia, pro se;

Thomas Benjamin Huggett, Esq., Littler Mendelson, P.C., Philadelphia, Pennsylvania, for Respondent.

Before:            Judge Bulluck

This case is before me on a Complaint of Discrimination filed pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977 (“The Act”), 30 U.S.C. § 815(c)(3). The Complainant alleges that Shaw Maintenance Group unlawfully discharged Cosby at the Nestle-Purina site on or about January 9, 2009.

Prior to opening of the record, the parties reached a settlement. I tentatively approved their agreement pending my review of a motion to approve settlement.

I have reviewed the Joint Motion to Approve Settlement and conclude that it is appropriate and in the public interest. Under the terms of the agreement, Respondent is required to take the following actions:

1. Pay directly to Woodrow Wilson Cosby the sum of $5,000.00;

2. Expunge all records maintained by Shaw Maintenance Group in Cosby’s personnel
   and company files of all information relating to the matters being litigated herein;

3. If contacted by a prospective employer of Cosby, Shaw Maintenance Group shall not

give Cosby a negative reference regarding his job performance, and shall give such prospective employer only his job title and dates of employment;

4. Provide signed letters on corporate stationary to Cosby which shall state the dates of his employment and the jobs performed for Shaw Maintenance Group.

ORDER

WHEREFORE, the approval of settlement is GRANTED and it is ORDERED that Shaw Maintenance Group comply with the terms of the settlement agreement within 30 days of the date of this decision. Accordingly, this case is DISMISSED.

/s/ Jacqueline R. Bulluck

Jacqueline R. Bulluck

Administrative Law Judge

Distribution:

Woodrow Wilson Cosby, 8416 Little England Road, Hayes, VA 23072

Thomas Benjamin Huggett, Esq., Littler Mendelson, P.C., Three Parkway, 1601 Cherry Street, Suite 1400, Philadelphia, PA 19102-1321

/ss