Ezel / Agency Decisions / WEST 2003-403-DM

Secretary of Labor on behalf of Joseph M. Ondreako v. Kennecott Utah Copper Corp. (ALJ decision, December 22, 2003)

Secretary of Labor on behalf of Joseph M. Ondreako v. Kennecott Utah Copper Corp. (FMSHRC WEST 2003-403-DM): Temporary reinstatement dissolved

Decision type
ALJ decision
Docket
WEST 2003-403-DM
Decided
December 22, 2003
Presiding judge
Richard W. Manning
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-10
Cited standards
29 C.F.R. § 2700.45(e) 29 C.F.R. § 2700.45(g) 30 U.S.C. § 815(c)(2)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 2003 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 2003
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Order ending temporary reinstatement, not Commission precedent
The judge dissolved interim relief under 29 C.F.R. § 2700.45(g) after the Secretary declined to file a discrimination complaint. The order did not decide the merits of a discrimination claim and was not a final Commission decision under the 40-day rule in 30 U.S.C. § 823(d)(1). The full text below is from the official FMSHRC release.
Read the Commission's decision in this case
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Judge Richard W. Manning had ordered Kennecott Utah Copper to temporarily reinstate Joseph M. Ondreako while MSHA investigated his discrimination allegations. MSHA later determined that the facts did not constitute a violation of section 105(c) and informed the judge that it would not file a discrimination complaint on Ondreako's behalf. The judge therefore dissolved the temporary-reinstatement order under 29 C.F.R. § 2700.45(g).

Decision snapshot

  • Governing provisions: 30 U.S.C. § 815(c)(2); 29 C.F.R. §§ 2700.45(e) and 2700.45(g)
  • Outcome: The temporary-reinstatement order was dissolved after MSHA declined to file a discrimination complaint.
  • Key point: Temporary reinstatement ends when MSHA determines that the investigated facts do not support a Mine Act discrimination complaint.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

1244 SPEER BOULEVARD #280

DENVER, CO 80204-3582

303-844-3577/FAX 303-844-5268

December 22, 2003

SECRETARY OF LABOR, : TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING
ADMINISTRATION (MSHA), :
on behalf of JOSEPH M. ONDREAKO, : Docket No. WEST 2003-403-DM Applicant : MSHA No. RM MD 03-11
:
v. : Bingham Canyon Mine
:
KENNECOTT UTAH COPPER CORP., : Mine I.D. 42-00149
Respondent :

ORDER DISSOLVING ORDER OF TEMPORARY REINSTATEMENT

On October 9, 2003, I ordered Kennecott Utah Copper Corporation to temporarily reinstate Joseph M. Ondreako pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. §815(c)(2) and 29 C.F.R. § 2700.45(e). 25 FMSHRC 612 (Oct. 2003), aff'd 25 FMSHRC 585 (Oct. 2003). Counsel for the Secretary of Labor notified me that the Secretary "has determined that the facts disclosed during the investigation do not constitute a violation of section 105(c)." (December 17, 2003, letter of Carolyn T. James, Technical Compliance and Investigation Office, Mine Safety and Health Administration). As a consequence, counsel for the Secretary states that the Secretary will not file a complaint of discrimination on behalf of Mr. Ondreako. Therefore, pursuant to 29 C.F.R. § 2700.45(g), the order of temporary reinstatement in this case is DISSOLVED.

Richard W. Manning

Administrative Law Judge

Distribution:

John Rainwater, Esq., Office of the Solicitor, U.S. Department of Labor, P.O. Box 46550, Denver, CO 80201-6550 (Fax 303-844-1753 and First Class Mail)

James M. Elegante, Esq., Kennecott Utah Copper Corp., P.O. Box 6001, Magna, UT 84044-6001 (Fax 801-569-6807 and First Class Mail)

RWM

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