J. Otto Horvath v. Green Electric Company and Lively Construction Company (ALJ decision, September 14, 1981)

Plain-English summary

J. Otto Horvath filed a discharge complaint against Green Electric Company and Lively Construction Company. At the hearing, the parties presented an agreement under which the two companies would jointly pay him $4,000 to settle his claims. Horvath also signed a release agreeing to dismissal of this complaint with prejudice and to bring no further complaint against either company arising from their employment relationship. Judge Virgil E. Vail found that Horvath consented and that the settlement served the Mine Act's purposes. He approved the agreement and dismissed the case with prejudice without deciding the complaint's merits.

Decision snapshot

• Cited standard: No specific safety standard; discharge complaint resolved by settlement.
• Outcome: $4,000 joint payment agreed; complaint against both companies dismissed with prejudice.
• Key point: The judge approved the parties' discharge claim settlement after confirming Horvath's consent at the hearing.

Full text (FMSHRC public release)

CCASE:
J. HORVATH v. GREEN ELECTIC
DDATE:
19810914
TTEXT:
~2130
Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

J. OTTO HORVATH,
COMPLAINT OF DISCHARGE,
COMPLAINANT
DISCRIMINATION OR INTERFERENCE
v.
DOCKET NO. WEST 81-185-D
GREEN ELECTRIC COMPANY, AND
LIVELY CONSTRUCTION COMPANY,
MSHA CASE NO. DENV CD 81-3
RESPONDENT
MINE: Fork Union Coal Company

DECISION AND ORDER

Pursuant to a notice of hearing dated June 29, 1981, a hearing in the above-entitled proceeding was held in Gillette, Wyoming, on August 25, 1981.

At the hearing, counsel for the respondent presented a stipulation and release of claim signed by complainant. The release states that complainant agrees to a dismissal of the complaint he has filed against Green Electric Company and Lively Construction Company (Docket No. WEST 81-185-D) with prejudice and agrees not to bring any further complaint against either respondent arising out of his employment relationship with said parties.

Complainant's release of all claims made in this proceeding is based on a settlement agreement between him and the two respondents dated August 25, 1981. That agreement shows that respondent jointly agreed to pay complainant $4,000.00 in settlement of any and all claims, known or unknown, which complainant may have against the two respondents.

The complainant and counsel for both respondents appeared at the hearing and all stated for the record their agreement and satisfaction with the settlement.

Having received the complainant's 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 and that as to both respondents, this case is hereby DISMISSED WITH PREJUDICE.

Virgil E. Vail
Administrative Law Judge