Consolidation Coal Company

Plain-English summary

Willard Gennoy complained to Consolidation Coal management about allegedly unsafe conditions and equipment at the Arkwright No. 1 Mine. Under the settlement, Judge James A. Broderick found that Gennoy had engaged in protected activity and that Consol illegally discriminated against him by attempting to discharge him. Consol was ordered to post a notice to miners, expunge references to the incident, pay $2,737.61 in back wages and $228 in case-related expenses, and pay a $100 civil penalty. The order approved the settlement.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)(1)
• Outcome: The discrimination settlement was approved, with back wages, expenses, notice, record expungement, and a $100 civil penalty ordered.
• Key point: A miner's safety complaint is protected activity, and the settlement required corrective relief after an attempted discharge.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CONSOLIDATION COAL
DDATE:
19900824
TTEXT:

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

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. WEVA 90-77-D
ON BEHALF OF, EX REL, MORG CD 90-01
WILLARD GENNOY,
COMPLAINANT Arkwright No. 1 Mine

      v.

CONSOLIDATION COAL COMPANY,
RESPONDENT

              DECISION APPROVING SETTLEMENT

Before: Judge Broderick

 On August 17, 1990, the Secretary filed a motion to approve

settlement in the above proceeding. Pursuant to the settlement
agreement, I make the following findings and order:

 1. Willard Gennoy was engaged in protected activity on

August 24, 1989, when he complained to a Consol management
official about allegedly unsafe conditions and equipment on
surface areas of the Arkwright No. 1 Mine.

 2. Consol illegally discriminated against Willard Gennoy in

violation of section 105(c)(1) of the Federal Mine Safety and
Health Act of 1977, 30 U.S.C. 815(c)(1), by attempting to
discharge him for his protected activity.

 3. Consol is ORDERED to execute and post a copy of the

Notice to Miners, attached hereto, at the Arkwright No. 1 Mine
for a period of not less than 30 days.

 4. Consol is ORDERED to expunge any reference to the events

of the morning of August 24, 1989, and the attempted discharge of
Willard Gennoy from all records maintained by Consol which are
searchable by the Complainant's name, including but not limited
to, the personnel records of Consol.

 5. Consol is ORDERED to pay back wages to Willard Gennoy of

$2737.61 within 30 days of the date of this order. Consol is
authorized to withhold from this sum such moneys as are
authorized or required by law or contract to be withheld. Consol
shall provideWillard Gennoy with a written statement itemizing
such withholding at the time of payment.

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6. Consol is ORDERED to pay Willard Gennoy case related expenses
of $228 within 30 days of the date of this order.

 7. Consol is ORDERED TO PAY the Secretary a civil penalty of

$100 within 30 days of the date of this order.

                                James A. Broderick
                                Administrative Law Judge

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ATTACHMENT TO DECISION RE: WEVA 90-77-D

                      NOTICE TO MINERS

 This notice is provided to convey Consolidation Coal

Company's awareness of the anti-discrimination provisions of
Section 105(c)(1) of the Federal Mine Safety and Health Act of
1977, 30 U.S.C. 801 et seq. and to insure all employees of
Consolidation Coal Company that the safety of employees is
management's foremost concern.

 Consolidation Coal Company, the Secretary of Labor, and

Willard Gennoy have reached a settlement in an action filed by
the Secretary on behalf of Willard Gennoy under the Federal Mine
Safety and Health Act of 1977, 30 U.S.C. 801 %iet seq.%i in the
case of Secretary of Labor, Mine Safety and Health Administration
(MSHA), on behalf of Willard Gennoy v. Consolidation Coal
Company, Docket No. WEVA 90-77-D. The Secretary filed that action
after receiving a complaint from Willard Gennoy that Consol
attempted to discharge him after Willard Gennoy complained about
unsafe conditions and equipment to a management official.

 Management recognizes that the identification of problems

affecting safety are essential and are protected under the Mine
Act. Section 105(c)(1) of the Federal Mine Safety and Health Act
of 1977 provides in its entirety:

 No person shall discharge or in any manner discriminate
 against or cause to be discharged or cause discrimination against
 or other wise interfere with the exercise of the statutory rights
 of any miner, representative of miners, or applicant for
 employment in any coal or other mine subject to this Act, because
 such miner, representative of miners, or applicant for employment
 has filed or made a complaint under or related to this Act,
 including a

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complaint notifying the operator of an alleged danger or safety
or health violation in a coal or other mine, or because such
miner, representative of miners or applicant for employment is
subject of medical evaluations and potential transfer under a
standard published pursuant to section 101 or because such miner,
representative of miners, or applicant for employment has
instituted or caused to be instituted any proceeding under or
related to this Act or has testified or is about to testify in
any such proceeding, or because of the exercise of such miner,
representative of miners, or applicant for employment of any
statutory right afforded by this Act. (emphasis added)

 Consolidation Coal Company acknowledges that this

provision of the Mine Act prohibits Consol from discriminating
against a miner because that miner reports an alleged danger or
safety or health violation to management, the mine safety
committee, the State of West Virginia, or the Mine Safety and
Health Administration. Moreover, all miners, mine safety
committeemen, and foremen are afforded this protection against
discrimination.

 Consolidation Coal Company acknowledges that the Mine Act

prohibits Consol from treating a miner who complains about an
alleged danger or safety or health violation differently than
other miners.

 Consolidation Coal Company encourages miners to report any

condition or practice believed to be unsafe or a violation of a
mandatory safety or health standard to management. It is not now
nor has it ever been Consolidation Coal Company's policy or
practice to discriminate or otherwise interfere with miners
exercising their rights under Section 105(c)(1) of the Mine Act.

 With continued cooperation between employees and

management,

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it is our belief that we can maintain a safe and productive work
environment.

Sincerely,

James Simpson
Superintendent