Pathfinder Mines Corporation (ALJ decision, July 17, 1981)

Plain-English summary

The Secretary of Labor brought a discrimination complaint on behalf of Ralph W. Johnson against Pathfinder Mines Corporation. The parties agreed that Pathfinder would pay Johnson $1,000 for lost back wages and other expenses from his discharge. They also agreed to remove adverse references relating to the discharge from his employment record. Judge Virgil E. Vail approved the settlement and ordered payment within 30 days.

Decision snapshot

• Cited standards: None stated in the decision.
• Outcome: Settlement approved; Pathfinder ordered to pay Johnson $1,000 within 30 days. The parties also agreed to remove adverse discharge references from his record.
• Key point: The order approved the parties' discrimination settlement without deciding the underlying allegation.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

333 W. COLFAX AVENUE, SUITE 400
DENVER, COLORADO 80204

JUL 17 1981

SECRETARY OF LABOR, MINE SAFETY AND
HEALTH ADMINISTRATION (MSHA), on
behalf of RALPH W. JOHNSON,
Complainant,

v.

PATHFINDER MINES CORPORATION,
Respondent.

COMPLAINT OF DISCRIMINATION
DOCKET NO. WEST 81-69-D
MINE: Lucky McMine

ORDER APPROVING SETTLEMENT

On July 9, 1981, the parties filed a stipulation of settlement, consent and motion. According to the terms of the settlement, respondent is to pay the complainant, Ralph W. Johnson, the sum of $1,000.00 for loss of back wages and other expenses resulting from his discharge. Furthermore, the complainant's employment record will be expunged of any adverse references relating to his discharge. Having given due consideration to the proposed settlement I conclude that it should be granted.

IT IS THEREFORE ORDERED that the stipulation of settlement, consent and motion is hereby approved. Respondent is ORDERED to pay the complainant
$1,000.00 within 30 days from the date of this order.

Virgil E. Vail
Administrative Law Judge

Distribution:

Phillis K. Caldwell, Esq., Office of the Solicitor United States Department of Labor, 1585 Federal Building 1961 Stout Street, Denver, CO 80294

Thomas W. Pennington, Esq., Senior Corporate Counsel Pathfinder Mine Corporation 550 California Street, San Francisco, CA 94104

Frank Lee, President
United Steelworkers of America, Local No. 15184 Sunnyside Trailer Court, No. 2, Riverton, WY 82501

1820