Secretary of Labor obo Strattis v. ICG Beckley, LLC (ALJ decision, June 3, 2010)

Plain-English summary

Judge William B. Moran corrected a statement in his June 1, 2010 temporary-reinstatement order for Mr. Strattis. The earlier order mistakenly said reinstatement was effective on the date of discharge. The Judge explained that this would make the later discrimination proceeding pointless on the issue of back pay. He changed the effective date to June 1, 2010, and left every other part of the earlier order unchanged.

Decision snapshot

• Governing provision: No statutory or regulatory citation appears in this short modifying order.
• Outcome: Temporary reinstatement was made effective June 1, 2010, with all other terms unchanged.
• Key point: The temporary-reinstatement date did not reach back to the miner's discharge because back pay remained for the later discrimination proceeding.

Full text (FMSHRC public release)

FMSRHC ALJ DECISION

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE N.W., SUITE 9500

WASHINGTON, D.C. 20001

(202) 434-9950

June 3, 2010

SECRETARY OF LABOR,

MINE SAFETY & HEALTH :

ADMINISTRATION (MSHA),

Applicant

v.

ICG BECKLEY, LLC,

Respondent

TEMPORARY REINSTATEMENT

PROCEEDING

Docket No. WEVA 2010-991-D

HOPE CD 2010-06

Beckley Pocahontas Plant

Mine ID 46-09216

ORDER MODIFYING TERMS OF TEMPORARY REINSTATEMENT

Appearances:

Jessica R. Hughes, Esq., U.S. Department of Labor, Arlington, Virginia, on behalf of the Applicant;

R. Henry Moore, Esq., Pittsburgh, Pennsylvania, on behalf of the Respondent.

Before: Judge Moran

The Court’s Order of June 1, 2010 is modified to correct the Court’s misstatement that Mr. Strattis’ reinstatement was “deemed effective as of the date of his discharge.” June 1, 2010 Order at 4. Obviously the Court should have stated that the reinstatement was effective as of the date of the June 1st Order. To state otherwise would make the subsequent discrimination proceeding pointless on the question of back pay. The Court apologizes for the confusion it created by misstating the date of reinstatement. All other aspects of the Court’s June 1st Order remain unchanged. Accordingly, Mr. Strattis’ reinstatement is deemed effective as of June 1, 2010.

William B. Moran

Administrative Law Judge

Distribution:

Jessica R. Hughes, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209-2247

R. Henry Moore, Esq., Jackson Kelly, PLLC, Three Gateway Center, 401 Liberty Avenue, Suite 1340, Pittsburgh, PA 15222