Newmont Gold Company

Plain-English summary

Lance A. Paul alleged that Newmont Gold Company discriminatorily discharged him from work at the Gold Quarry mine in violation of section 105(c) of the Mine Act. An earlier decision found that the November 10, 1994 discharge was discriminatorily motivated. The parties then agreed that Newmont would pay Paul $147,253.58, and Paul would waive reinstatement. Judge Jerold Feldman approved the settlement, ordered payment within 30 days, and required Newmont to expunge related disciplinary records. After those conditions were met, the proceeding was dismissed, while Newmont retained the right to contest the Secretary's proposed civil penalty.

Decision snapshot

• Cited provision(s): 30 U.S.C. § 815(c)(3)
• Outcome: Settlement approved, payment and record expungement ordered, and the proceeding dismissed after performance.
• Key point: The approved settlement provided $147,253.58 in back pay and other relief in exchange for waiving reinstatement.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041
April 11, 1996

LANCE A. PAUL, : DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. WEST 95-228-DM
: MSHA Case No. WE MD 95-04
NEWMONT GOLD COMPANY, :
Respondent : Gold Quarry
: Mine ID 26-00500

                    SUPPLEMENTAL DECISION

Appearances: Lance A. Paul, pro se, Elko, Nevada, for the
Complainant;
Charles W. Newcom, Esq., Sherman & Howard L.L.C.,
Denver, Colorado, for the Respondent.

Before: Judge Feldman

 This case was heard on November 28 and 29, 1995, in

Elko, Nevada. This matter is before me based upon a
discrimination complaint filed on March 1, 1995, pursuant to
section 105(c)(3) of the Federal Mine Safety and Health Act of
1977 (the Mine Act), 30 U.S.C. ' 815(c)(3) by the complainant,
Lance A. Paul, against the respondent, Newmont Gold Company
(Newmont).

 On February 22, 1996, a decision on liability was released

wherein it was determined that Newmont=s November 10, 1994,
discharge of Lance Paul was discriminatorily motivated and in
violation of section 105(c) of the Mine Act. 18 FMSHRC 181.
Consequently, the parties were ordered to confer for the purpose
of stipulating to the appropriate incidental damages and back
pay, plus interest, less deductions for unemployment and earnings
from other employment. The parties were also ordered to
stipulate to economic reinstatement if Newmont declined to
reinstate Paul to his former, or an equivalent, position.

 The Parties filed a joint Stipulation for Settlement on

April 8, 1996. The terms of the settlement are as follows:

Page 2

    1.      Newmont Gold Company will pay Lance Paul a total
            of $147,253.58 for which Lance Paul waives
            reinstatement with Newmont Gold Company. This
            settlement will be paid in two checks. One check
            will be issued in the amount of $62,933.30
            representing back wages, and one lump sum amount
            of $84,320.28 to cover interest, COBRA
            reimbursement, accounting fees, and payment in
            lieu of reinstatement and in fulfillment of all
            obligations. The check representing back wages
            will be adjusted to account for mandated payroll
            taxes.

    2.      Newmont Gold Company agrees that it will not
            appeal the decision of February 22, 1996, of
            Administrative Law Judge Feldman, if Judge
            Feldman=s final decision and order approves this
            agreement to settle this matter. Newmont Gold
            Company agrees that any potential appeal of the
            civil penalty will be independent of this
            agreement. Payment will be made immediately upon
            receiving Judge Feldman's final decision and
            order.

                                        ORDER

 In view of the parties agreement, the terms of the

proposed stipulation establishing a total payment of
$147,253.58 to Lance Paul, representing back pay and
economic reinstatement, as the appropriate relief under
section 105(c) of the Mine Act IS APPROVED. Payment shall
be made to Paul within 30 days of the date of this
decision. IT IS ORDERED that Newmont expunge all
disciplinary records related to Paul=s November 10, 1994,
discharge from Paul=s employment file. Consistent with the
terms of the parties= stipulation, nothing herein shall
prejudice Newmont=s right to contest the civil penalty
proposed by the Secretary in this matter.1

 Upon timely payment to Paul of the agreed upon relief,

and, upon Newmont's excision of all pertinent references to

    1
      On M a rch 18, 1996, the Secreta ry filed a Petition for A ssessm ent of Civil Pena lty

seek ing the im position of a $9,0 0 0 .0 0 civil pena lty a s a consequ ence of Pa u l=s discha rg e.

                                           2

Page 3

Paul=s discharge in his employment records, this matter
IS DISMISSED. This decision and the February 22, 1996,
decision on liability constitute the final disposition in
this proceeding.

                          Jerold Feldman
                          Administrative Law Judge

Distribution:

Lance A. Paul, P.O. Box 21115, Crescent Valley, NV 89821
(Certified Mail)

Lance A. Paul, c/o Operating Engineers Local 3, 1094
Lamoille Highway, Elko, NV 89801 (Certified Mail)

Charles W. Newcom, Esq., Sherman & Howard L.L.C., First
Interstate Tower North, 633 Seventeenth Street, Suite 3000,
Denver, CO 80202-3381 (Certified Mail)

Don R. Hullinger, Director, Human Resources, Newmont Gold
Company, P.O. Box 669, Carlin, Nevada (Certified Mail)

/mca

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