Secretary of Labor on behalf of Robert Ribel v. Eastern Associated Coal Corporation (ALJ decision, January 21, 1986)

Plain-English summary

The Commission had affirmed a finding that Eastern Associated Coal discriminated against miner Robert Ribel and sent back a limited question about fees for his private lawyer. The parties then stipulated that $721.50 in attorney fees was due for work obtaining a $605 costs award. Judge George A. Koutras ordered the company to pay the lawyer within 30 days. The stipulation preserved the parties' right to seek review of the earlier decisions. This order set the fee amount and did not revisit the discrimination finding.

Decision snapshot

• Cited provision: Mine Act section 105(c)(1), 30 U.S.C. § 815(c)(1), underlying the discrimination case.
• Outcome: Eastern Associated Coal ordered to pay $721.50 in private attorney fees within 30 days.
• Key point: The parties agreed to a limited fee amount after the Commission remanded that issue.

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

JAN 21 1986

SECRETARY OF LABOR,
: DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
:
ADMINISTRATION (MSHA),
: Docket No. WEVA 84-33-D
ON BEHALF OF
: MSHA Case No. MORG CD 83-18
ROBERT RIBEL,
:
Complainant : Federal No. 2 Mine
v. :
:
EASTERN ASSOCIATED COAL
:
CORPORATION,
:
Respondent :

SUPPLEMENTAL DECISION AND ORDER

Before: Judge Koutras

On December 18, 1985, the Commission issued its decision in this matter affirming my decision of September 24, 1984, 7 FMSHRC 2203, and my supplemental decision on remand of July 10, 1985, 7 FMSHRC 1059, that the respondent discriminated against the complainant in violation of section 105(c)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(1). With regard to the issue of attorneys' fees for the complainant's private counsel, the Commission ruled that Mr. Ribel's counsel is entitled to a limited attorney's fees award, and it remanded the matter to me for further limited adjudication of this issue.

In response to my order of December 31, 1985, the parties have submitted a stipulation with respect to the amount of attorneys' fees due to Mr. Ribel, and it states as follows:

That the amount of attorneys' fees due to Mr. Ribel in connection with the participation of his private attorney in obtaining an award of costs in the amount of six hundred and five dollars ($605) is seven hundred and twenty one dollars and fifty cents ($721.50);

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That this Stipulation is without prejudice and shall not constitute a waiver of the right of either party to petition for review of the aforementioned decisions of Judge Koutras and the Commission, including specifically the disposition by Judge Koutras and the Commission of Mr. Ribel's motion for an award of attorneys' fees and costs.

ORDER

The respondent IS ORDERED to pay to Mr. Ribel's private attorney the agreed upon amount of $721.50, and payment is to be made within thirty (30) days of the date of this supplemental decision and order.

George A. Koutras
Administrative Law Judge

Distribution:

Barbara Fleischauer, Esq., 258 McGara Street, Morgantown, WV 26505 (Certified Mail)

Ronald S. Cusano, Anthony J. Polito, Esqs., Corcoran, Hardesty, Ewart, Whyte & Polito, P.C., Suite 210, Two Chatham Center, Pittsburgh, PA 15219 (Certified Mail)

Sally S. Rock, Associate, General Counsel, Eastern Associated Coal Corp., One PPG Place, Pittsburgh, PA 15222 (Certified Mail)

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