Secretary of Labor (MSHA) on behalf of Leonard Cunningham et al. v. Subreg Corporation (ALJ decision, June 24, 1981)

Plain-English summary

The Secretary, acting for Leonard Cunningham and other complainants, and Subreg Corporation asked to dismiss a mine safety discrimination complaint after reaching an agreement. Judge Joseph B. Kennedy independently reviewed the settlement and found it consistent with the Mine Act's purposes. He approved the agreement and ordered Subreg to pay the agreed back pay and employment benefits, plus a $100 penalty, by July 15, 1981. The complaint was to be dismissed upon payment. The order does not decide whether discrimination occurred.

Decision snapshot

• Cited standard: No specific safety standard is cited; this is a discrimination settlement.
• Outcome: Settlement approved; back pay and employment benefits due, plus a $100 penalty; dismissal subject to payment.
• Key point: The judge approved the parties' agreement after an independent review and made dismissal conditional on payment.

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
JUN 24 1981

SECRETARY OF LABOR,
: Complaint of Discrimination
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEVA 80-668-D
ON BEHALF OF LEONARD
:
CUNNINGHAM, et al.,
: Alpine Mine
Complainants
:
:
v. :
:
SUBREG CORPORATION,
:
Respondent
:

DECISION AND ORDER

The parties move to dismiss the captioned discrimination complaint on the ground that the matter has been settled by an agreement between the complainants and the operator dated June 4, 1981.

Based on an independent evaluation and de novo review of the circumstances, I find the settlement proposed is in accord with the purposes and policy of the Act.

Accordingly, it is ORDERED that settlement be, and hereby is APPROVED. It is FURTHER ORDERED that the operator pay the amount of the back pay and employment benefits stipulated to and a penalty of $100 on or before Wednesday, July 15, 1981, and that subject to payment the captioned matter be DISMISSED.

Joseph B. Kennedy
Administrative Law Judge

Distribution:

Richard A. Steyer, Esq., Loomis, Owen, Fellman & Howe, 2020 K St., NW, Washington, DC 20006 (Certified Mail)

Joyce Hanula, Esq., UMWA, 900 15th St., NW, Washington, DC 20005 (Certified Mail)

David E. Street, Esq., U.S. Department of Labor, Office of the Solicitor, 3535 Market St., Philadelphia, PA 19104 (Certified Mail)

Leonard Cunningham, Route 1, Box 161 A, Lost Creek, WV 26385 (Certified Mail)

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