Secretary of Labor on behalf of John Cochrane and Daryl Spradley v. Trail Mountain Coal Company (ALJ decision, June 2, 1981)

Plain-English summary

John Cochrane and Daryl Spradley brought discharge claims against Trail Mountain Coal Company. The parties agreed that the company would pay each miner $9,000 and remove adverse references to their discharges from their employment records. The miners accepted those terms as full settlement of their claims. Judge Jon D. Boltz approved the agreement after finding that it would serve the Mine Act's purposes, granted the joint motion, and dismissed the case with prejudice. The order made no finding that the company had discriminated against either miner.

Decision snapshot

• Governing act: Federal Mine Safety and Health Act of 1977
• Outcome: Settlement approved; $9,000 to each miner and removal of adverse discharge references; case dismissed with prejudice.
• Key point: The approved settlement resolved both discharge claims without a discrimination finding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. TRAIL COAL
DDATE:
19810602
TTEXT:

~1445
Federal Mine Safty and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
COMPLAINT OF DISCHARGE,
MINE SAFETY AND HEALTH
DISCRIMINATION OR INTERFERENCE
ADMINISTRATION (MSHA),
ON BEHALF OF
DOCKET NO. WEST 80-451-D
JOHN COCHRANE AND
DARYL SPRADLEY,
DENV CD 80-13
COMPLAINANTS
v. MINE: Trail Mountain

TRAIL MOUNTAIN COAL COMPANY,
RESPONDENT

DECISION AND ORDER

On May 14, 1981, the parties to this proceeding filed with the Commission a Stipulation of Settlement, Motion and Consent seeking an agreed disposition of the case.

Under the terms of the stipulation, the parties agree that respondent shall compensate John Cochrane and Daryl Spradley in the amount of $9,000.00 each in settlement of their claims against respondent resulting from their discharges; that respondent shall expunge the employment records of John Cochrane and Daryl Spradley of any adverse references relating to their discharges; and that John Cochrane and Daryl Spradley shall accept the above stipulations as full settlement of the claims giving rise to this case.

By joint motion, the parties seek an order providing: that respondent tender the agreed upon sum to John Cochrane and Daryl Spradley; that respondent expunge from their employment records any adverse references relating to their discharges; and that the above-entitled action be dismissed with prejudice and upon the merits.

Given the complainants' consent to the terms of the settlement and finding that such settlement will effectuate the purposes of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq., it is

ORDERED: that the settlement agreed to by the parties is hereby APPROVED, that the joint motion is hereby GRANTED in full and, that this case is hereby DISMISSED WITH PREJUDICE.

Jon D. Boltz
Administrative Law Judge