Roger A. Anderson v. Itmann Coal Company (ALJ decision, July 8, 1982)

Plain-English summary

Judge William Fauver had earlier found Itmann Coal Company liable for discrimination against Roger Anderson and asked the parties to agree on back pay, interest, fees, and costs. The parties submitted a written settlement, which the judge approved in this final order. He ordered Itmann to pay $33,000 to be divided between Anderson and his lawyer under counsel's letter, and a separate $100 civil penalty to MSHA. The order does not reproduce the detailed allocation of the $33,000 payment.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(1), Mine Act discrimination protection.
• Outcome: Remedy settlement approved; $33,000 payment to Anderson and counsel and $100 civil penalty to MSHA.
• Key point: The final order fixed the payments following the judge's earlier discrimination liability ruling.

Full text (FMSHRC public release)

CCASE:
ROGER ANDERSON V. ITMANN COAL
DDATE:
19820708
TTEXT:
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Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

ROGER A. ANDERSON,
Complaint of Discrimination
COMPLAINANT
v. Docket No. WEVA 80-73-D

ITMANN COAL COMPANY,
Itmann No. 3A Mine
RESPONDENT

Appearances: F. Alfred Sines, Jr., Esq., for Complainant Jerry F. Palmer, Esq., for Respondent

Before: Judge William Fauver

FINAL ORDER

On May 28, 1982, a decision finding liability was issued in this proceeding with the following provision pertaining to damages and other relief:

"Pending a final order counsel for the parties are directed to confer in an effort to stipulate the amount of back pay, interest, attorney's fee, and costs due Complainant under this decision, and to stipulate the other terms of a proposed final order."

On June 24, 1982, the parties advised this Judge that they had reached an equitable settlement for a proposed final order. Said joint stipulation of settlement was reduced to writing and signed by the parties on June 29, 1982.

Based on an independent evaluation and de novo review of the circumstances, I conclude the proposed settlement is in accord with the purposes and policy of the Mine Safety Law and the decision of May 28, 1982.

ACCORDINGLY, IT IS ORDERED that:

1. The Joint Stipulation of Settlement filed on July 1, 1982 is ACCEPTED and APPROVED, and incorporated in this order by reference.

2. Respondent is assessed a civil penalty of $100 for its violation of section 105(c)(1) of the Act.
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3. Respondent shall pay to Petitioner the sum of Thirty-three Thousand Dollars ($33,000) within seven days of the date of this Decision, said sum to be apportioned between Complainant and his counsel in accordance with counsel F. Alfred Sines, Jr.'s letter to me of June 29, 1982, and pay to the Mine Safety and Health Administration a civil penalty in the amount of One Hundred Dollars ($100) within thirty days of the date of this decision.

WILLIAM FAUVER
JUDGE