Secretary of Labor on behalf of Charles Boothe v. Cedar Coal Company (ALJ decision, July 13, 1981)

Plain-English summary

The Secretary brought a discrimination complaint against Cedar Coal Company on behalf of Charles Boothe. After Boothe received a job through a related grievance, the parties agreed to withdraw the complaint with prejudice. Cedar agreed to post a notice for three consecutive weeks after the conditions stated in the agreement were met. Judge George A. Koutras approved the settlement and granted the motion to withdraw the complaint. The order makes no finding on whether Cedar discriminated against Boothe and assesses no penalty.

Decision snapshot

• Cited provision: 30 U.S.C. § 815(c)(2), Mine Act discrimination complaint procedure.
• Outcome: Settlement approved and discrimination complaint withdrawn with prejudice; no penalty assessed.
• Key point: The settlement resolved the complaint after Boothe received the job at issue, without a judicial discrimination finding.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
JUL 13 1981
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: Complaint of Discrimination
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEVA 81-174-D
ON BEHALF OF CHARLES BOOTHE, :
Complainants
:

V. :
:
CEDAR COAL COMPANY,
:
Respondent
:

DECISION AND ORDER APPROVING SETTLEMENT

Statement of the Case

This is a discrimination proceeding filed by the complainants against the respondent pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, for an alleged act of discrimination which purportedly occurred sometime between November 1, 1978 and June 30, 1980. The matter was originally scheduled for hearing on May 5, 1981, in Charleston, West Virginia, but the hearing was continued at the request of the parties so that a proposed settlement could be submitted for my consideration.

On June 17, 1981, the Secretary filed a motion to withdraw the complaint of discrimination together with the proposed settlement agreement, the terms of which are as follows:

1. Complainant will withdraw his complaint, HOPE CD 80-57, filed under § 105(c) of the Federal Mine Safety and Health Act of 1977, with prejudice to a complaint related to the matters contained therein being refiled.

2. Complainant authorizes the Secretary of Labor to seek a dismissal with prejudice of the complaint pending as Docket WEVA 81-174 before the Federal Mine Safety and Health Review Commission. That dismissal with prejudice will be reflected on the basis of this voluntary settlement of all matters among the parties.

3. Upon notification that the complaint in Docket No.
WEVA 81-174 has been dismissed with prejudice, Cedar will post for a total period of three (3) consecutive
weeks the Notice, which has been prepared and agreed to by Boothe, counsel for the Department of Labor, Cedar and counsel for Cedar. Provided, however, that such posting period shall begin on the day of effect of a new collective bargaining agreement applicable to Cedar's operations, on Cedar's receiving notice of the dismissal of Docket No. WEVA 81-174, with prejudice, whichever date is later.

Discussion

The aforementioned notice was filed by the Solicitor on July 6, 1981.
This notice indicates that complainant was awarded a job bid which had been the subject of a grievance matter filed jointly with this discrimina- tion complaint. As complainant now has received the job, he has chosen to withdraw his complaint.

The notice also states that there has been and will be no judicial determination as to whether or not there has been any discrimination by Cedar Coal Company. It also indicates the company policy of not condoning any discriminatory practices by its management or supervisory personnel.

Conclusion

After full consideration of the proposed settlement and the attached notice, I conclude that the settlement disposition of this dispute is a reasonable and fair resolution of the matter and that its approval would be in the public interest. It seems clear that both Mr. Boothe and the respondent are satisfied with the settlement disposition of this case, and the Secretary is in accord with the agreement.

ORDER

In view of the foregoing, the proposed settlement disposition of this matter is APPROVED, and the motion to withdraw the complaint of discrimination is GRANTED.

George A. Koutras
Administrative Law Judge

Distribution:

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

Alvin J. McKenna, Esq., Alexander, Ebinger, Fisher, McAlister & Lawrence, 17 South High Street, Columbus, OH 43214 (Certified Mail)

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