Secretary of Labor (MSHA) on behalf of James F. Miller v. Mine Shaft & Tunnell Corporation (ALJ decision, October 6, 1981)

Plain-English summary

James F. Miller brought a mine safety discharge complaint against Mine Shaft & Tunnell Corporation, a subsidiary of Centennial Mining Co. The parties agreed that the company would pay him $5,000 for lost back wages and other expenses and remove adverse references to the discharge from his employment record. Judge Virgil E. Vail approved the settlement after finding it would serve the Mine Act's purpose. He ordered payment within 10 days and dismissed the case with prejudice. The order does not decide whether the discharge violated the Act.

Decision snapshot

• Governing issue: Settlement of a mine safety discharge complaint.
• Outcome: Settlement approved; $5,000 payment ordered and case dismissed with prejudice.
• Key point: Miller accepted the payment and record correction as a full settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MINE SHAFT
DDATE:
19811006
TTEXT:
~2310

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR, MINE SAFETY AND COMPLAINT OF DISCHARGE, HEALTH ADMINISTRATION (MSHA), ON DISCRIMINATION OR INTERFERENCE BEHALF OF JAMES F. MILLER, COMPLAINANT DOCKET NO. WEST 81-226-DM v.
MD 80-169
MINE SHAFT & TUNNELL CORPORATION, A
SUBSIDIARY OF CENTENNIAL MINING CO.,
RESPONDENT

ORDER APPROVING SETTLEMENT

On October 1, 1981, the parties in the above-captioned case filed a stipulation of settlement, consent and motion seeking an agreed disposition of the case.

The terms of the stipulation are as follows:

1. Respondent agrees to compensate the complainant, James F. Miller, in the amount of $5,000.00 for loss of back wages and other expenses resulting from his discharge.

2. James F. Miller's employment record will be expunged of any adverse references relating to his discharge, and

3. James F. Miller accepts the above stipulations as a full settlement of this case.

Given the complainant's consent to the terms of the settlement and finding that such a settlement will effectuate the purpose of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq., it is ORDERED that the settlement, as agreed to by the parties, be APPROVED.

It is FURTHER ORDERED that respondent tender to the complainant the sum of $5,000.00 within 10 days from the date of this order and that the case is hereby DISMISSED WITH PREJUDICE.

Virgil E. Vail
Administrative Law Judge