Secretary of Labor o/b/o Gabossi v. Western Fuels-Utah, Inc.

Plain-English summary

The Commission had previously found that Joseph Gabossi was discriminatorily discharged and had ordered Western Fuels-Utah to pay $39,560.06 in back pay and other expenses with interest. After further review proceedings, the parties submitted a signed settlement agreement and asked the Commission to approve it and dismiss the case. The Commission approved the settlement, vacated its direction for review, and dismissed the proceeding. The order does not state the settlement's revised payment terms.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(1)
• Outcome: The settlement was approved, the direction for review was vacated, and the proceeding was dismissed.
• Key point: The Commission may resolve a remanded discrimination proceeding by approving a signed settlement and dismissing the case.

Full text (FMSHRC public release)

CCASE:
MSHA (JOSEPH GABOSSI) V. WESTERN FUELS-UTAH
DDATE:
19890202
TTEXT:

           FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
                          WASHINGTON, D.C.
                            February 2, 1989

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
on behalf of JOSEPH GABOSSI

   v.            Docket No. WEST 86-24-D

WESTERN FUELS-UTAH, INC.

BEFORE: Ford, Chairman; Backley, Doyle, Lastowka and Nelson,
Commissioners

               ORDER

BY THE COMMISSION:

In this discrimination case arising under the Federal Mine

Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (1982),
the parties have filed a Joint Motion to Approve Settlement and
Dismiss. For the reasons set forth below, the motion is granted.

The Commission issued its prior decision on the merits in

this matter on August 15, 1988, reversing Commission Administrative
Law Judge John J. Morris' original decision and remanding the case
to him for further proceedings. 10 FMSHRC 953 (August 1988). In
his Decision After Remand issued on October 24, 1988, Judge Morris
concluded that complainant Joseph Gabossi had been discharged in
violation of section 105(c)(1) of the Mine Act, 30 U.S.C. $ 815(c)(1),
and ordered Western Fuels-Utah, Inc. ("Western Fuels") to pay
Mr. Gabossi $39,560.06 in back pay and other expenses with interest.
10 FMSHRC 1462 (October 1988)(ALJ). (Gabossi had not sought
reinstatement.) Western Fuels filed a petition for discretionary
review, which the Commission granted in part and denied in part
on December 2, 1988.

Page 2

Western Fuels subsequently filed with the Commission a motion

indicating that the parties had reached a settlement of the case and
would be submitting a motion for approval of settlement and dismissal.
On January 11, 1989, the Commission issued an order staying briefing
and directing the parties to file their motion by January 31, 1989.
The Joint Motion to Approve Settlement and Dismiss was received by the
Commission on January 27, 1989. Attached to the parties' joint motion

Page 3

~135
is a copy of the settlement agreement signed by the parties and
by Gabossi.

Upon consideration of the settlement agreement, motion, and

record, we approve the settlement and grant the motion to dismiss.
Accordingly, our direction for review is vacated and this proceeding
is dismissed.

                Ford B. Ford, Chairman

                Richard V. Backley, Commissioner

                Joyce A. Doyle, Commissioner

                James A. Lastowka, Commissioner

                L. Clair Nelson, Commissioner

Distribution

Jerald S. Feingold, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd.
Arlington, VA 22203

Richard S. Mandelson, Esq.
Baker & Hostetler
303 East 17th Avenue, Suite 1100
Denver, Colorado 80203

Administrative Law Judge John Morris
Federal Mine Safety & Health Review Commission
1244 Speer Blvd., Room 280
Denver, Colorado 80204