Mid-Continent Resources, Inc.

Plain-English summary

Manuel L. Gomez brought a temporary-reinstatement request and a discrimination complaint against Mid-Continent Resources involving the Dutch Creek Mine. Before the merits hearing concluded, the parties reached a settlement. Gomez agreed to withdraw the temporary-reinstatement request, waive reinstatement, and dismiss his claims. Mid-Continent agreed to pay him $4,500. Judge John J. Morris approved the settlement, dismissed both proceedings, and ordered payment within seven days.

Decision snapshot

• Cited authority: 30 U.S.C. § 801, 30 U.S.C. § 815(c), and 29 C.F.R. §§ 2700.12 and 2700.44
• Outcome: The settlement was approved, the temporary-reinstatement request and discrimination complaint were dismissed, and Mid-Continent was ordered to pay $4,500 within seven days.
• Key point: The judge approved the parties' agreed resolution after finding the settlement proper.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. MID-CONTINENT RESOURCES
DDATE:
19890522
TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEST 89-184-D
ON BEHALF OF MANUEL L. GOMEZ, DENV CD 89-06
COMPLAINANT
Docket No. WEST 89-213-D
v. (Consolidated)

MID-CONTINENT RESOURCES, Dutch Creek Mine
INC.,
RESPONDENT

                               DECISION

Appearances: Margaret A. Miller, Esq., Office of the Solicitor,
U.S. Department of Labor, Denver, Colorado,
for Complainant;
Edward Mulhall, Jr., Esq., Delaney & Balcomb,
Glenwood Springs, Colorado,
for Respondent.

Before: Judge Morris

 These cases arise under the Federal Mine Safety and Health

Act of 1977, 30 U.S.C. 801 et seq., (the "Act").

 Complainant has filed an application for reinstatment

pursuant to Commission Rule 44, 29 C.F.R. 2700.44 and he has
further filed a discrimination complaint pursuant to section
105(c) of the Act.

 After notice to the parties a hearing on the merits

commenced in Glenwood Springs, Colorado on May 17, 1989.

 At the commencement of the hearing the parties moved for the

consolidation of the above cases. Pursuant to Commission Rule 12,
29 C.F.R. 2700.12, the cases were consolidated.

 The parties further advised the judge that they had reached

an amicable settlement of the issues in contest.

 The terms of the proposed settlement are that complainant

will withdraw his application for temporary reinstatement and
further waive any reinstatement and dismiss his claims herein.
Further, in consideration thereof, respondent agrees to pay
complainant the sum of $4,500.00.

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Discussion

 Complainant appeared with the Solicitor, his counsel, and

stated that he understood the settlement and he further requested
that the proposal be approved.

 I find the settlement is proper particularly since all

parties are in agreement.

   Accordingly, I enter the following:

                               ORDER

   1. The settlement agreement is approved.

 2. The request for temporary reinstatement in WEST 89-184-D

is dismissed.

 3. The complaint of discrimination in WEST 89-213-D is

dismissed.

 4. Respondent is ordered to pay to complainant the sum of

$4,500.00 within 7 days of the date of this decision.

                               John J. Morris
                               Administrative Law Judge