F&E Erection Company (ALJ decision, October 17, 1994)

Plain-English summary

F&E Erection Company faced consolidated temporary-reinstatement and discrimination proceedings arising from William C. Young Jr.'s alleged wrongful discharge from work at the Caballo Rojo Mine. The Secretary of Labor alleged that Young had engaged in protected activity under section 105(c)(2) of the Mine Act before he was discharged on July 2, 1993. The parties reached a settlement under which F&E Erection agreed to pay Young $5,000 in back wages and $15,000 in damages, while Young waived reinstatement and signed a general release. The company also agreed to pay a $2,500 civil penalty to the Secretary. Judge August F. Cetti approved the settlement and ordered both proceedings dismissed after full compliance.

Decision snapshot

• Cited authority: 30 U.S.C. § 815(c)(2)
• Outcome: Settlement approved. F&E Erection was ordered to pay Young $20,000 in back wages and damages and a $2,500 civil penalty to the Secretary. The proceedings were to be dismissed after compliance.
• Key point: The ALJ approved a settlement resolving both the temporary-reinstatement and discrimination proceedings, including payment, waiver of reinstatement, and a general release.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) & W.C. YOUNG, JR. V. F&E ERECTION CO. DDATE: 19941017 TTEXT:

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5266/FAX (303) 844-5268

October 17, 1994

SECRETARY OF LABOR,
: TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH : PROCEEDING ADMINISTRATION (MSHA), : on behalf of WILLIAM C. : Docket No. WEST 94-390-D
YOUNG, JR.,
: DENV CD 93-17
Complainant :
:
v. : Caballo Rojo Mine
:
F&E ERECTION COMPANY,
:
Respondent :
:
SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 94-430-D on behalf of WILLIAM C. : DENV CD 93-17
YOUNG, JR.,
: Caballo Rojo Mine
Complainant :
:
v. :
:
F&E ERECTION COMPANY,
:
Respondent :

DECISION APPROVING SETTLEMENT
ORDER TO PAY

Before: Judge Cetti

The Stay Order of May 13, 1994, in Docket No. WEST 94-390-D is lifted.

The above-captioned discrimination and reinstatement pro- ceedings are consolidated for evaluation and disposition. Both cases were filed by the Secretary of Labor on behalf of William C. Young, Jr., pursuant to Section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, against F&E Erection Company.

The Secretary alleges in the complaints that Mr. Young was engaged in protected activity under the Mine Act, at the Caballo Rojo Mine when he was wrongfully discharged on July 2, 1993. F&E Erection Company filed a timely answer denying that it violated Section 105(c) of the Mine Act.

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The parties now have reached a settlement resolving all issues in these cases. Under the terms of the settlement agree- ment, F&E Erection has agreed to pay to Mr. Young five thousand dollars ($5,000) for back wages, less any reductions required by law to be withheld for taxes. In addition, F&E Erection will pay Mr. Young the sum of fifteen thousand dollars ($15,000) for his damages, including pain and suffering and emotional distress.

In consideration of the payment of twenty-thousand dollars ($20,000) in back wages and damages, Mr. Young waives his right to reinstatement and reemployment by F&E Erection and has signed a general release.

F&E Erection agrees to pay a civil penalty of two thousand five hundred dollars ($2500) to the Secretary of Labor to settle the alleged violation of Section 105(c) of the Act.

I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate.

WHEREFORE, the motion for approval of settlement is GRANTED.
Accordingly, Respondent is directed to pay the agreed settlement amounts to William C. Young, Jr. and to pay a civil penalty in Docket No. WEST 94-430-D of $2,500 to the Secretary of Labor within 30 days of this decision. Both above-captioned proceed- ings, upon full compliance with the terms of the approved settlement agreement, are DISMISSED.

August F. Cetti
Administrative Law Judge

Distribution:

Robert A. Cohen, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203

Mr. James Cheslock, Esq., JEFFERS, BROOK, KREAGER & GREGG, INC., Trinity Plaza II, 745 E. Mulberry, Ninth Floor, San Antonio, TX 78212

Mr. William C. Young, Jr., Route 4, Box 158, Pittsburgh, TX 75686

Office of Special Investigation, MSHA, Coal, U.S. Department of Labor, 4015 Wilson Boulevard, Arlington VA 22203

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