Local Union 6025, United Mine Workers of America v. Consolidation Coal Company (ALJ decision, October 20, 1980)

Plain-English summary

Local Union 6025 alleged that Consolidation Coal discriminated against a miner representative by declining to pay for time spent accompanying an inspector during a spot inspection. The company moved to dismiss the complaint. Chief Judge James A. Broderick applied a Commission decision holding that the walkaround pay requirement did not cover spot inspections. He denied the union's request to stay the case, granted the company's dismissal motion, and denied the company's request for attorney fees.

Decision snapshot

• Governing provisions: Section 105(c) of the Mine Act, 30 U.S.C. § 815(c), and 29 C.F.R. § 2700.1(b).
• Outcome: Complaint dismissed; stay and attorney fee requests denied.
• Key point: The judge applied the Commission's then-controlling rule that spot inspection participation did not require walkaround pay.

Full text (FMSHRC public release)

CCASE:
LOCAL 6025 (UMWA) V. CONSOLIDATION COAL DDATE: 19801020 TTEXT:
~3037

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

LOCAL UNION 6025, UNITED MINE Complaint of Discharge,
WORKERS OF AMERICA (UMWA),
Discrimination, or Interference
COMPLAINANT
Docket No. WEVA 80-457-D v.
MSHA Case No. HOPE CD 80-53
CONSOLIDATION COAL COMPANY,
RESPONDENT Bishop Mine

ORDER OF DISMISSAL

On June 16, 1980, Complainant filed a complaint of discrimination, alleging that Respondent violated section 105(c) of the Act by refusing to pay a walkaround representative for time spent accompanying a Federal inspector during a "spot" inspection. Respondent filed a motion to dismiss on October 6, 1980, for failure to state a claim upon which relief can be granted. F.R. Civ.P. Rule 12(b)(6); 29 C.F.R. 2700.1(b). In reply, Complainant filed a copy of a motion to stay submitted to Administrative Law Judge Lasher in a case involving the same parties and the same issue. Local 6025, UMWA v. Bishop Coal Co., Docket No. WEVA 80-429-D.

I agree with Judge Lasher's approach in the cited case and therefore will deny the motion for a stay and grant the motion to dismiss. The Commission has decided that a walkaround representative need not be paid for participating in a "spot" inspection. MSHA v. Helen Mining, Inc., 1 FMSHRC 1796 (November 21, 1979). That case is controlling here.

I must note that Complainant submitted a motion to stay without mentioning that the motion had been denied by Judge Lasher and that the Commission on September 16, 1980, had voted not to disturb the judge's decision.

However, I find no authority in the Act for granting Respondent's request for reimbursement of attorney's fees. Therefore, the request will be denied.

Complainant's motion for a stay is DENIED; Respondent's request for attorney's fees is DENIED; Respondent's motion to dismiss is GRANTED and, accordingly, the case is DISMISSED.

James A. Broderick
Chief Administrative Law Judge