Morningside Development MSHA Corporation

Plain-English summary

Avis B. Perkins brought a Mine Act discrimination proceeding against Morningside Development Corporation concerning the Little Falls Mine. After the respondent defaulted by not filing an answer, the judge directed Perkins to identify the relief requested. Perkins sought $10,000 in punitive damages, backpay, attorney fees, and travel expenses. Judge Avram Weisberger held that the Mine Act and Commission rules did not authorize punitive damages and that the record lacked evidence to support them, but found the remaining relief proper. The order directed Morningside to pay $24,000 in backpay, $950 in attorney fees, and $286.50 in travel expenses, and to reinstate Perkins to his prior position.

Decision snapshot

• Governing provision: 30 U.S.C. § 815
• Outcome: Punitive damages were denied, while backpay, attorney fees, travel expenses, and reinstatement were ordered.
• Key point: A defaulted respondent was ordered to provide the relief authorized by the Mine Act, but punitive damages were unavailable and unsupported by the record.

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

AVIS B. PERKINS, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEVA 91-23-D
MORNINGSIDE DEVELOPMENT MSHA Case No. MORG CD 90-12
CORPORATION,
RESPONDENT Little Falls Mine

                                   ORDER

 On April 25, 1991, an order was issued directing Complainant

to file a Statement indicating the specific relief requested. It
was further provided in the order that Respondent shall have 20
days from the date service of the Statement is attempted, to
reply to the statement. Complainant's statement was received by
the Commission on May 17, 1991. In its statement, Complainant's
counsel certified that he mailed Respondent a copy of the
statement on May 14, 1991. Respondent has not filed any response
to Complainant's Statement.

 Complainant seeks the imposition of punitive damages in the

amount of $10,000. The complaint in this case was filed pursuant
to Section 105 of the Federal Mine Safety and Health Act of 1977
(the Act). Neither section 105, supra, nor the Rules of the
Commission, 29 C.F.R. 2700 et seq., provide for the imposition
of punitive damages. Further, such relief is not proper in this
case. The record does not contain any evidence surrounding the
alleged discriminatory acts, as there was no evidentiary hearing
in this matter, because Respondent had defaulted in not filing an
Answer. Hence, there are no facts before me to support the
imposition of punitive damages.

 The balance of relief sought by Complainant is proper under

the Act.

 Accordingly, it is ORDERED that, within 30 days of this

Order, Respondent shall pay Complainant the following sums:

   (1) Backpay from July 13, 1990 totalling      $24,000.00
   (2) Attorney Fees                             $   950.00
   (3) Travel expenses in seeking employment     $   286.50

                                                 $25,236.50

 It is further ORDERED that Respondent shall, within 30 days

of this Order reinstate Complaint to his prior position.

                                         Avram Weisberger
                                         Administrative Law Judge
                                         (703) 756-6210
                                         FAX (703) 756-6201