Secretary of Labor on behalf of Earl Kennedy and Larry Collins v. Raven Red Ash Coal Corporation (ALJ decision, June 19, 1986)

Plain-English summary

Earl Kennedy and Larry Collins had prevailed on claims that Raven Red Ash Coal fired them for refusing to work under unsupported roof. After the initial decision awarded backpay and a $1,000 civil penalty, MSHA asked the judge to replace the stated 9 percent interest rate with the Commission-approved calculation and to specify the resulting amounts. Judge George A. Koutras adopted MSHA's undisputed figures in this amended decision. He ordered $2,573.29 in backpay and accrued interest for Kennedy and $12,240.57 for Collins, with additional interest accruing after June 2, 1986. He retained the $1,000 penalty and required payment within 30 days.

Decision snapshot

• Cited provision: Mine Act section 105(c)(1), prohibiting discrimination for protected mine safety activity.
• Outcome: Prior relief amended to specify backpay and interest for both complainants; $1,000 civil penalty retained.
• Key point: The amended order uses the Commission-approved interest formula and fixes accrued amounts through June 2, 1986.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. RAVEN RED ASH COAL
DDATE:
19860619
TTEXT:
~981

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. VA 85-32-D
ON BEHALF OF
MSHA Case No. NORT CD 84-7
EARL KENNEDY,
LARRY COLLINS,
Mine No. 1
COMPLAINANTS
v.

RAVEN RED ASH COAL
CORPORATION,
RESPONDENT

AMENDED DECISION

Appearances: Sheila K. Cronan, Esq., Office of the Solicitor, U.S. Department of Labor, Arlington, Virginia, for the Complainants;
Daniel R. Bieger, Esq., Copeland, Molinary & Bieger, Abingdon, Virginia, for the Respondent.

Before: Judge Koutras

Statement of the Case

This proceeding concerns a discrimination complaint filed by the complainants against the respondent pursuant to section 105(c) of the Federal Mine Safety and Health Act of 1977. The complainants contended that they were discharged from their employment with the respondent because of their refusal to work under unsupported roof.

On April 7, 1986, I issued my decision in this case. I concluded and found that the complainants were fired by the respondent because of their refusal to work under unsupported roof. I further concluded and found that the work refusal was protected activity under the Act, and that their discharge by the respondent for this reason constituted a violation of section 105(c)(1) of the Act. The respondent was ordered to pay ~982 complainant Earl Kennedy the sum of $2,170 in backpay, less any amounts normally withheld pursuant to state and Federal law, with interest at 9 percent until paid. The respondent was ordered to pay complainant Larry Collins the sum of $10,600, less any amounts normally withheld pursuant to state and Federal law, with interest at 9 percent until paid. I also assessed a civil penalty in the amount of $1,000, for the violations in question, and entered an order requiring the respondent to remit payment of same to MSHA within 30 days.

By motion filed with me on April 23, 1986, MSHA requested reconsideration of my decision of April 7, 1986, to delete the reference to the 9 percent interest rate, and to require the respondent to pay interest on the backpay awards in accordance with the Commission-approved formula in Secretary ex rel. Bailey v. ArkansasÄCarbona Co., 5 FMSHRC 2042, 2050Ä2054 (Dec. 1983). MSHA also requested further leave to submit a statement stating the total amount of interest due on the back wage award to each complainant, and suggested that the respondent be given 10 days within which to file a reply. MSHA's motion was granted, and on May 2, 1986, I issued an Amended Decision affording MSHA an opportunity to file its requested monetary relief on behalf of the complainants, and the respondent was afforded an opportunity to file a reply.

By letter and enclosures filed with me on June 2, 1986, MSHA submitted its backpay and interest summaries supported by detailed computations for both complainants. According to these computations, complainant Larry Collins is due backpay in the amount of $10,600, with interest computed through June 2, 1986, in the amount of $1,640.57, for a total of $12,240.57. Complainant Earl Kennedy is due backpay in the amount of $2,170, with interest computed through June 2, 1986, in the amount of $403.29, for a total of $2,573.29. MSHA's computations also reflect that interest will continue to accrue to Mr. Collins through June 30, 1986, in the amount of $2.94 daily, and to Mr. Kennedy in the amount of .60 daily.

The respondent failed to respond to MSHA's motion of April 23, 1986, for an amended decision, and it also failed to reply to MSHA's submissions concerning the relief due the complainants.

ORDER

1. My decision of April 7, 1986, as amended on May 2, 1986, is further amended to incorporate the aforementioned monetary relief requested by MSHA on behalf of complainants Earl Kennedy and Larry Collins.
~983
2. Respondent IS ORDERED to pay to the complainant Earl Kennedy the sum of $2,170, less any amounts normally withheld pursuant to state and Federal law, with interest computed through June 2, 1986, in the amount of $403.29, for a total of $2,573.29. Interest will continue to accrue to Mr. Kennedy in the amount of .60 daily, through June 30, 1986, and thereafter in any amount computed in accordance with the ArkansasÄCarbona Co. formula.

3. Respondent IS ORDERED to pay to the complainant Larry Collins the sum of $10,600, less any amounts normally withheld pursuant to state and Federal law, with interest computed through June 2, 1986, in the amount of $1,640.57, for a total of $12,240.57. Interest will continue to accrue to Mr. Collins in the amount of $2.94 daily, through June 30, 1986, and thereafter in any amount computed in accordance with the ArkansasÄCarbona Co. formula.

4. Respondent IS ORDERED to pay a civil penalty assessment in the amount of $1,000 for the violations in question.

5. All payments required to be made by the respondent in accordance with my decision, as amended, shall be made within thirty (30) days of the date of this amended decision.

George A. Koutras
Administrative Law Judge