Frederick G. Bradley v. Belva Coal Company (ALJ decision, July 16, 1982)

Plain-English summary

The Commission had affirmed an earlier finding that Belva Coal Company unlawfully discharged Frederick Bradley, then remanded for a new back pay calculation. Bradley and Belva stipulated to the amounts owed and waived appeal. Judge James A. Broderick approved their agreement and ordered Belva to pay Bradley $21,381.58 in net back pay, interest, and transportation costs. He also ordered a $2,502 payment to Bradley and his attorney for fees and legal expenses. Bradley waived reinstatement because he had declined an earlier offer and taken other employment.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(1), Mine Act protection against discriminatory discharge.
• Outcome: Stipulated remedy approved: $21,381.58 to Bradley and $2,502 to Bradley and his attorney; reinstatement waived.
• Key point: The order resolved the monetary remedy following an affirmed discrimination finding and Commission remand.

Full text (FMSHRC public release)

CCASE:
FREDERICK BRADLEY V. BELVA COAL
DDATE:
19820716
TTEXT:
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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

FREDERICK G. BRADLEY,
Complaint of Discharge,
COMPLAINANT
Discrimination, or Interference

v. Docket No. WEVA 80-708-D

BELVA COAL COMPANY,
Belva Coal Mine
RESPONDENT

DECISION AND ORDER

On June 4, 1982, the Commission affirmed my decision finding that Respondent had discriminatorily discharged Complainant in violation of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. The case was remanded to recompute the back pay award.

On July 14, 1982, the parties submitted a stipulation showing the gross wages due Complainant, the actual interim earnings, the amounts to be withheld under State and Federal law, the interest on the back pay, Complainant's transportation costs, and the legal fees and expenses due Complainant's counsel.

The parties agreed to waive any rights of appeal and Complainant agrees to waive his right to reinstatement since he had previously refused an offer of Respondent, and has taken other employment.

Having duly considered the matter, I conclude that the stipulation is in Complainant's interest and in the public interest and should be approved.

Therefore, IT IS ORDERED:

1. Respondent shall within 30 days of the date of this decision pay to Complainant the sum of $21,048.58 his net back pay (which includes interest at 12 percent per annum) plus $333 as transportation costs or a total of $21,381.58.

2. Respondent shall within 30 days of the date of this decision pay to Complainant and his attorney the sum of $2,502 as attorneys fees and legal expenses incurred in the prosecution of this proceeding.
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3. Complainant waives his right to reinstatement under my order of February 11, 1981. Therefore, Respondent need not reinstate or offer to reinstate Complainant.

4. Upon payment of the above amounts, Complainant shall have no further rights under the Federal Mine Safety Act against Respondent arising out of his discharge on June 11, 1980.

James A. Broderick
Administrative Law Judge