Secretary of Labor on behalf of Donald J. Robinette and Joey F. Hale v. Bill Branch Coal Company, Inc.

Plain-English summary

The Secretary brought these discrimination cases on behalf of Donald J. Robinette and Joey F. Hale against Bill Branch Coal Company. An earlier decision found that the company violated the Mine Act's protection against discrimination and directed the parties to identify the relief owed. After a bankruptcy reorganization filing, the proceedings were stayed while the Secretary obtained relief from the automatic stay. The parties then reached a stipulation on the amount of back pay and other financial obligations. Judge Avram Weisberger lifted the stay, adopted the stipulation, and stated that the earlier decision was final.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The parties' stipulation resolving financial relief was adopted, the stay was lifted, and the earlier decision was declared final.
• Key point: A settlement stipulation can resolve the amount of relief owed after a Mine Act discrimination finding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. BILL BRANCH COAL
DDATE:
19890718
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 87-21-D
ON BEHALF OF NORT CD 87-5
DONALD J. ROBINETTE,
COMPLAINANT Mine No. 8

      v.

BILL BRANCH COAL COMPANY,
INC.,
RESPONDENT

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. VA 87-22-D
ON BEHALF OF JOEY F. HALE, NORT CD 87-7
COMPLAINANT
Mine No. 8
v.

BILL BRANCH COAL COMPANY,
INC.,
RESPONDENT

                             ORDER

 Subsequent to a hearing on the merits in these cases, a

Decision was issued on September 29, 1988, finding that
Respondent discriminated against Complainants in violation of
section 105(c) of the Federal Mine Safety and Health Act of 1977.
The Decision further ordered as follows: "Complainants shall file
a statement, within 20 days of this Decision, indicating the
specific relief requested. The statement shall be served on
Respondent who shall have 20 days, from the date service is
attempted, to reply thereto."

 On November 1, 1988, the Secretary filed a statement

pursuant to this Order. On November 14, 1988, Respondent filed a
statement which indicated that discovery was needed to attempt to
resolve the issues of relief. On November 21, 1988, in a
telephone conference call both Parties indicated that
dispositions would be taken on January 2, 1989. On January 31,
1989, in a conference call with both Parties, the attorney for
the Secretary advised that Respondent

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had filed, in U. S. Bankruptcy Court, for reorganization pursuant
to Title 11 of the U. S. Code. On February 22, 1989, proceedings
before the Commission in the instant cases were stayed, pending a
determination by the U. S. Bankruptcy Court that the automatic
stay therein does not apply. Subsequently, the U. S. Bankruptcy
Court issued an order relieving the Secretary from the provisions
of the automatic stay. In a conference call on April 16, 1989,
between the undersigned and attorneys for the Secretary and
Respondent, the Parties agreed to discuss settlement of the
issues of Complainants' relief. On April 24, 1989, the attorney
for the Secretary advised that a settlement had been arrived at,
and that a signed stipulation would be submitted within 30 days.
On June 27, 1989, the attorney for the Secretary advised the
undersigned that it had not yet received from Respondent a
stipulation regarding back pay, although Counsel for Respondent
had assured him that the stipulation would be mailed June 17,
1989.

 In a telephone conference call between the undersigned and

the attorneys for the Secretary and Respondent, it was indicated
that Respondent mailed the stipulation to the attorney for the
Secretary on June 29, 1989, and the latter indicated the
stipulation would be filed on July 10, 1989.

 The attorney for the Secretary filed the stipulation on July

13, 1989. The stipulation provides a fair resolution of the
amount of Respondent's financial obligation to Complainants
pursuant to my Order of September 29, 1988, contained in the
Decision filed that date, and I adopt it herein.

 It is therefore ORDERED that:

 1. The Stay Order of February 22, 1989, is hereby lifted.

 2. The liability of Respondent to Complainants is set forth

in the stipulation filed July 13, 1989, and it ORDERED that the
Parties shall abide by all its terms.

 3. The Decision in this matter issued September 29, 1988, is

now FINAL.

                                 Avram Weisberger
                                 Administrative Law Judge