Secretary of Labor v. Dominion Coal Corporation (ALJ decision, May 11, 2016)

Plain-English summary

Dominion Coal reduced Scott G. McGlothlin's pay after he began seeking Part 90 protection as a miner with pneumoconiosis. An earlier ALJ decision found that the pay reduction violated the Mine Act's anti-discrimination provision, and the Commission essentially affirmed that liability finding. Dominion then withdrew its contest of MSHA's proposed civil penalty and agreed to pay the full $12,500. Judge Jerold Feldman approved the settlement, ordered payment within 30 days, and directed dismissal of the penalty proceeding upon timely payment.

Decision snapshot

• Governing provisions: 30 U.S.C. §§ 815(c), 815(d), and 820(i)
• Outcome: Dominion was ordered to pay the full proposed $12,500 civil penalty.
• Key point: The settlement resolved the penalty phase after Dominion's Part 90 pay-reduction discrimination liability had been affirmed.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

FEDERAL MINE SAFETY AND HEALTH REVIEW
COMMISSION

OFFICE OF
ADMINISTRATIVE LAW JUDGES

1331 Pennsylvania
Avenue, NW, Suite 520N

Washington, DC 20004

May 11, 2016

SECRETARY OF LABOR

MINE SAFETY AND HEALTH  

ADMINISTRATION (MSHA),

Petitioner,

v.

DOMINION COAL CORPORATION,

Respondent.

CIVIL PENALTY PROCEEDING

Docket No. VA 2015-285

Mine:  Dominion No. 7

Mine ID: 44-06499

ORDER APPROVING
SETTLEMENT

AND

ORDER TO PAY

Before:  Judge Feldman

This proceeding is before me based
upon a petition for assessment of civil penalty filed pursuant to section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act).            30 U.S.C. § 815(d).  The Secretary proposed a civil penalty of $12,500.00 on July 24, 2015, following a determination in Docket No. VA 2014-233 that Dominion Coal Corp. (“Dominion”) violated the anti-discrimination provisions of section 105(c) of the Act.  This finding of liability was predicated on Dominion’s reduction in the pay of Scott G. McGlothlin after he had initiated the application process for Part 90 protection available to miners suffering from pneumoconiosis.  McGlothlin v. Dominion Coal Corp., 37 FMSHRC 1256 (June 2015) (ALJ).  The Commission, in essence, affirmed the finding of Dominion’s liability for violation of section 105(c) of the Act.  38 FMSHRC __, slip op. (Mar. 30, 2016).  Dominion now represents that it has agreed to withdraw its contest of the proposed penalty and pay the $12,500.00 civil penalty proposed by the Secretary.

I have considered the
representations and documentation submitted in this matter and I conclude that the proffered settlement terms are appropriate under the criteria set forth in Section 110(i) of the Act.  Accordingly, Dominion Coal Corp. IS ORDERED to pay the proposed $12,500.00 civil penalty within 30 days of the date of this Order.[1] Upon receipt of timely payment, the captioned civil penalty matter IS DISMISSED.

/s/ Jerold
Feldman

Jerold Feldman

Administrative Law Judge

Distribution:

Pollyanna E.F. Hampton, Esq., U.S. Department of Labor, Office of the Solicitor, 201 12th Street South, Suite 401, Arlington, VA 22202

David J. Hardy, Esq., Hardy Pence PLLC, 500 Lee Street East, Suite 701, P.O. Box 2548, Charleston, WV 25329

/acp

[1]
Payment should be sent to the Mine Safety and
Health Administration, U.S. Department of Labor, Payment Office, P.O. Box 790390, St. Louis, MO  63179-0390.  Please include the Docket No. and A.C. No. noted in the above caption on the check.