Kenneth A. Wiggins v. Eastern Associated Coal Co. (ALJ decision, June 16, 1984)

Plain-English summary

After earlier rulings on Kenneth Wiggins's discrimination complaint, the parties agreed on a final order resolving back pay, fees, and other relief. Judge Charles C. Moore, Jr. sustained Wiggins's complaint and ordered Eastern Associated Coal to pay $19,965 in lost salary and benefits, plus stipulated expenses. The order allowed Eastern to withhold $3,492 in unemployment benefits from that sum and pay it to the West Virginia employment agency. It also required Eastern to remove specified disciplinary and discharge records and to pay Wiggins's counsel $9,000 in fees and $608.23 in expenses.

Decision snapshot

• Governing provision: The final-order release does not number a statute; it implements the earlier discrimination rulings.
• Outcome: Complaint sustained and back pay, record correction, attorney fees, and expenses ordered.
• Key point: This order fixed the monetary and record-related relief after the prior merits ruling.

Full text (FMSHRC public release)

CCASE:
KENNETH WIGGINS V. EASTERN ASSOCIATED DDATE: 19840616 TTEXT:
~406

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

KENNETH A. WIGGINS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No: WEVA 82-300-D
v. HOPE CD 82-32

EASTERN ASSOCIATED COAL CO.,
Keystone No. 1 Mine
RESPONDENT

DECISION GRANTING BACK PAY AND OTHER RELIEF

Appearances: William B. Talty, Esq., Talty and Carroll, 112 Central Avenue, Tazewell, Virginia, for the Claimant
Mark C. Russell, Esq., Jackson, Kelly, Holt and O'Farrell, P.O. Box 553, Charleston, West Virginia, for the Respondent

Before: Judge Moore

The parties have prepared and agreed to a Final Order which disposes of all of the back pay, attorney's fees and other relief issues. I have signed the Final Order, a copy of which is attached, and directed the parties to comply therewith.

Charles C. Moore, Jr.,
Administrative Law Judge
~407
ATTACHMENT
FINAL ORDER

This proceeding came on for the entry of this Final Order upon the hearing on the merits held May 24Ô25, 1983; the Decision on the Merits dated September 6, 1983; the Interim Order dated October 19, 1983; the Order of November 4, 1983, amending the aforesaid Interim Order; the hearing to determine relief held November 22, 1983; the decision granting back pay and other benefits dated December 19, 1983, and the Supplemental Order dated January 23, 1984. Upon consideration of all of which it is Adjudged and Ordered as follows:

1. The findings of fact and conclusions of law contained in the aforesaid decisions of September 6, 1983 and December 19, 1983 are hereby incorporated herein by reference, the same as if the same were fully set forth herein;

2. The complaint of the complainant made out in his charge is hereby sustained;

3. The respondent shall pay to the complainant all salary and benefits, including overtime and vacation pay, which he would have earned between March 26, 1982, the date of complainant's ~408 discharge by respondent, until Autust 30, 1982, the date on which this Judge determined the complainant would have been laid off by the respondent regardless of any discrimination under the Act. The parties have stipulated that the aforesaid amount is $19,965.00, with the addition of certain expenses incurred by the complainant which the parties have stipulated the complainant is entitled.

4. The respondent may withhold from the aforesaid sum the sum of $3,492.00 which the parties have stipulated is the amount of unemployment insurance received by the complainant during the period commencing March 26, 1982 through August 30, 1982. The aforesaid sum withheld by the respondent is to be paid by the respondent to the West Virginia Department of Employment Secruity to reimburse said Department for its payment of unemployment compensation insurance to the complainant during the aforesaid period.

5. The respondent shall remove from its records any and all mention of the notice of improper action dated March 26, 1982, and given to the complainant by Jackie Jackson, and of the events of April 8, 1982 pertaining to the discharge of the complainant by the respondent. The respondent is further ordered to refrain from any reference to either of the above events in response to any inquiries made to respondent by prospective employers of complainant.

6. Respondent shall pay to counsel for the complainant the sum of $9,000.00, which sum the parties have stipulated is a fair and reasonable award of attorney's fees, at a rate of $75.00 per hour for 120 hours expended, and an additional sum ~409 of $608.23 for expenses incurred by counsel for complainant for transcripts, travel and long-distance telephone tolls.

Charles C. Moore, Jr.
Administrative Law Judge

Inspected:

William B. Talty

Counsel for Complainant

Larry W. Blalock/Charles M. Gage
Jackson, Kelly, Holt & O'Farrell

Counsel for Respondent