Eastern Associated Coal Corporation (ALJ decision, May 10, 1989)

Plain-English summary

Local Union 1570 sought compensation for idled miners at Eastern Associated Coal Corporation's Federal No. 2 Mine. Judge George A. Koutras had already issued a partial decision on the compensation claims and asked the parties to stipulate to the amounts of wages and interest due. After receiving that stipulation, he ordered the company to pay the listed miners within 30 days. The supplemental decision made the April 6, 1989 decision final along with the new payment order.

Decision snapshot

• Cited standards: None stated in this supplemental order.
• Outcome: The company was ordered to pay the listed wage-loss compensation and interest, and the earlier partial decision was made final.
• Key point: The supplemental order converted the parties' agreed compensation and interest amounts into a final payment order.

Full text (FMSHRC public release)

CCASE:
LOCAL UNION 1570, DIST. 31 (U.M.W.A) V. EASTERN ASSOCIATED COAL DDATE: 19890510 TTEXT:

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Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

LOCAL UNION 1570, DISTRICT 31,
COMPENSATION PROCEEDING
UNITED MINE WORKERS
OF AMERICA (UMWA),
Docket No. WEVA 88-227-C
COMPLAINANTS
Federal No. 2 Mine v.

EASTERN ASSOCIATED COAL CORPORATION,
RESPONDENT

SUPPLEMENTAL DECISION AND ORDER

Appearances: Joyce A. Hanula, Legal Assistant, United Mine Workers of America, Washington, D.C., for the Complainants;
Eugene P. Schmittgens, Jr., Esq., Eastern Associated Coal Corporation, Pittsburgh, Pennsylvania, for the Respondent.

Before: Judge Koutras

On April 6, 1989, I issued a partial decision granting in part, and denying in part, the compensation claims filed by the complainants in this case. The parties were requested to file a stipulation with respect to the amounts of compensation and interest due the idled miners in question, and they have now done so.

ORDER

The respondent IS ORDERED to pay the following miners the noted compensation and interest due in this matter, and payment is to be made within thirty (30) days of the date of this supplemental decision. The April 6, 1989, decision is hereby made final along with this supplemental decision.

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14 Right Crew Wages Lost

February 9, 1988 (B Shift)

Employee Employee No. Wages Lost Interest Total Due

B. Tennant 43036 $64.46 $8.13 $72.59 B. Milush 43186 $60.19 $7.59 $67.78 M. Starkey 43503 $62.84 $7.93 $70.77 W. Hovatter 43618 $64.46 $8.13 $72.59 J. Starr 44408 $62.84 $7.93 $70.77 I. Ammons 44417 $62.84 $7.93 $70.77 J. Teets 44581 $62.84 $7.93 $70.77 B. Powell 45137 $64.46 $8.13 $72.59 D. Barker 45313 $64.46 $8.13 $72.59 R. Varner 45444 $64.46 $8.13 $72.59 J. Price 45449 $62.84 $7.93 $70.77

February 10, 1988 (A Shift)

Employee Employee No. Wages Lost Interest Total Due

D. Efaw 43077 $126.52 $15.96 $142.48 V. Alvarez 43094 $117.98 $14.88 $132.86 J. Moore 44390 $123.28 $15.55 $138.83 R. Yoney 44400 $123.28 $15.55 $138.83

February 10, 1988 (B Shift)

Employee Employee No. Wages Lost Interest Total Due

B. Milush 43186 $120.38 $15.19 $135.57 I. Ammons 44417 $125.68 $15.86 $141.54 R. Boyce 45089 $120.38 $15.19 $135.57 D. Barker 45313 $128.92 $16.26 $145.18

February 10, 1988 (C Shift)

Employee Employee No. Wages Lost Interest Total Due

J. Foley 43043 $129.72 $16.37 $146.09 R. Schrader 43177 $129.72 $16.37 $146.09 J. Kanosky 43207 $126.48 $15.96 $142.44 C. Hoover 43218 $126.48 $15.96 $142.44 R. Ribel 43536 $126.48 $15.96 $142.44 W. Smith 43586 $129.72 $16.37 $146.09 S. Hamilton 43808 $126.48 $15.96 $142.44 J. Melton 44115 $121.18 $15.29 $136.47 J. Hawkins 44151 $129.72 $16.37 $146.09

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C. Stewart 44264 $126.48 $15.96 $142.44 E. Jackson 43035 $121.18 $15.29 $136.47 D. Barker 45090 $129.72 $16.37 $146.09 J. Wilson 45135 $121.18 $15.29 $136.47 R. Neff 45332 $121.18 $15.29 $136.47 S. Farrah 45518 $121.18 $15.29 $136.47 T. Turek 45538 $121.18 $15.29 $136.47 J. Mathews 44437 $129.72 $16.37 $146.09

George A. Koutras
Administrative Law Judge