Secretary of Labor, MSHA on behalf of Jerome D. George v. Freeport-McMoRan, Bagdad, Inc. (ALJ decision, October 18, 2011)

Plain-English summary

The Secretary sought temporary reinstatement for Jerome D. George after Freeport-McMoRan terminated him. Shortly before the scheduled hearing, the parties agreed that Freeport would economically reinstate George effective September 21, 2011. Judge Jerold Feldman approved the settlement and ordered payment of the net wages and benefits George would have received, including applicable employer 401(k) contributions, within seven days. Economic reinstatement was to continue until final disposition of the underlying discrimination complaint. The order did not decide whether discrimination occurred.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(2)
• Outcome: The temporary-reinstatement settlement was approved, with retroactive wages and benefits due within seven days.
• Key point: Economic reinstatement preserves a miner's pay and benefits while the discrimination merits remain unresolved.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, DC 20001

October 18, 2011

SECRETARY OF LABOR, MSHA

on behalf of JEROME D. GEORGE,

Complainant

v.

FREEPORT-MCMORAN, BAGDAD, INC.,

Respondent

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TEMPORARY REINSTATEMENT
PROCEEDING

Docket No. WEST 2011-1423-DM

RM-MD-11-09

Freeport-McMoRan

Mine ID: 02-00137

ORDER APPROVING SETTLEMENT

AND

ORDER OF TEMPORARY REINSTATEMENT

Before: Judge Feldman

This matter is before me based on an application for temporary reinstatement filed by the Secretary, pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (the Mine Act), 30 U.S.C. § 815(c)(2), against Freeport-McMoRan, Bagdad, Inc. (Freeport) on behalf of Jerome D. George. This matter was scheduled for hearing on the merits on October 13, 2011.

Shortly before the scheduled hearing, the parties filed their settlement terms for approval wherein Freeport agreed to economically reinstate George effective September 21, 2011, pending final disposition of George’s underlying discrimination complaint. The terms of the economic reinstatement are that George will receive the same gross pay and all benefits to which he was entitled at the time of his June 16, 2011, termination, less all payroll deductions previously taken, including but not limited to, federal and local taxes, and deductions for any health insurance or life insurance premiums and 401k deductions. The settlement terms include Freeport’s contributions to George’s 401k account, if any, that were made at the time of George’s

termination.

ORDER

The parties’ settlement agreement resolving this temporary reinstatement proceeding IS APPROVED. Consistent with the above, IT IS ORDERED that Freeport-McMoRan, Bagdad, Inc., economically reinstate Jerome D. George by payment, retroactive to September 21, 2011, of the net pay, as well as all benefits due to George on the date of June 16, 2011, termination. IT IS FURTHER ORDERED that payment to George shall be made within seven days of the date of this order. The economic reinstatement will remain in effect until final disposition of the subject discrimination complaint.

Jerold Feldman

Administrative Law Judge

Distribution: (Certified Mail)

Gregory W. Tronson, Esq., U.S. Department of Labor, Office of the Solicitor, 1999 Broadway,

Suite 1600, Denver, CO 80202

Laura E. Beverage, Esq., and Kristin R.B. White, Esq., Jackson Kelly PLLC, 1099 18th Street,

Suite 2150, Denver, CO 80202

/jel