Secretary of Labor (MSHA) on behalf of Calvin M. Bigelow v. Centennial Development Company (ALJ decision, September 14, 1981)

Plain-English summary

MSHA brought a discharge complaint on behalf of Calvin M. Bigelow against Centennial Development Company. The parties agreed that the company would pay Bigelow $8,000 and remove adverse references to the discharge from his employment record. Judge Virgil E. Vail found that Bigelow consented and that the settlement served the Mine Act's purpose. He approved the settlement, ordered payment within 40 days of August 19, 1981, and dismissed the case with prejudice. The order does not decide whether the discharge violated the Act.

Decision snapshot

• Cited standard: No specific safety standard; discharge complaint resolved by settlement.
• Outcome: $8,000 payment and removal of adverse discharge references ordered; case dismissed with prejudice.
• Key point: The agreed payment and record correction resolved Bigelow's discharge claim without a merits finding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) v. CENTENNIAL DEVELOPMENT
DDATE:
19810914
TTEXT:
~2128
Federal Mine Safety 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 81-51-DM
CALVIN M. BIGELOW,
COMPLAINANT MINE: FMC Mine v.

CENTENNIAL DEVELOPMENT COMPANY,
RESPONDENT

DECISION AND ORDER

On September 4, 1981, the parties to the proceeding filed with the Commission a Stipulation of Settlement, Consent and Motion seeking an agreed disposition of the case.

Under the terms of the stipulation, the parties agree that respondent shall compensate Calvin M. Bigelow in the amount of $8,000.00 in settlement of his claim against respondent resulting from this discharge and that respondent shall expunge the employment record of Calvin M. Bigelow of any adverse references relating to his discharge.

By joint motion, the parties seek an order providing: that respondent tender the agreed upon sum to Calvin M. Bigelow within 40 days and that respondent expunge from his employment record any adverse references relating to his discharge.

Given the complainant's consent to the terms of the settlement and finding that such 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 agreed to by the parties is hereby APPROVED, that the joint motion is hereby GRANTED in full, that the respondent tender to the complainant the sum of $8,000.00 within 40 days from August 19, 1981, the date he signed the stipulation, and that this case is hereby DISMISSED WITH PREJUDICE.

Virgil E. Vail
Administrative Law Judge