Mutual Mining, Inc.

Plain-English summary

Judge Arthur J. Amchan had previously found that Mutual Mining violated section 105(c) by discharging five complainants. He had ordered back-pay amounts for Cletis Wamsley, Clark D. Williamson, Samuel Coyle, John B. Taylor, and Robert A. Lewis, subject to subtracting unemployment compensation under the Commission precedent then in effect. After a Fourth Circuit decision and a Commission remand, the judge ordered Mutual Mining to pay the listed amounts in full and to restore any back pay previously returned to the company. The cases were to be dismissed after payment within 45 calendar days.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: Full back pay was ordered for five complainants after remand, and the cases were to be dismissed after payment.
• Key point: The remand required the operator to pay the previously ordered back-pay amounts without subtracting unemployment compensation.

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

                          August 2, 1996

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), :
ON BEHALF OF :
CLETIS R. WAMSLEY, : Docket No. WEVA 93-394-D
: Hope CD 93-01, 93-01
:
ROBERT A. LEWIS, : Docket No. WEVA 93-395-D
: Hope CD 93-02
:
JOHN B. TAYLOR, : Docket No. WEVA 93-396-D
: Hope CD 93-04
:
CLARK D. WILLIAMSON, AND : Docket No. WEVA 93-397-D
: Hope CD 93-07
:
SAMUEL COYLE, : Docket No. WEVA 93-398-D
Complainants : Hope CD 93-11
v. :
: Mutual Mine I
MUTUAL MINING, INC., :
Respondent :

           DECISION ON DAMAGES FOLLOWING REMAND

Before: Judge Amchan

 On June 24, 1994, I found that Respondent had violated

section 105(c) of the Act in discharging the Complainants on
December 21, 1992. Subsequently, on November 30, 1994, I granted
the Secretary of Labor's motion for summary judgment on the issue
of damages. I ordered Respondent to pay the following amounts to
the respective Complainants:

      Cletis Wamsley                $35,880.88
      Clark D. Williamson           $ 5,203.31
      Samuel Coyle                  $19,667.81
      John B. Taylor                $23,132.15
      Robert A. Lewis               $46,825.73

16 FMSHRC 2371, 2372.

 However, in accordance with Commission precedent at the

time, I stated that Complainants must subtract any amounts
received in unemployment compensation benefits from the back pay

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award and return those amounts to Respondent, if such amounts had
been paid, 16 FMSHRC 2372 n. 1.

 In accordance with the decision of the Court of Appeals

decision in Secretary of Labor v. Mutual Mining, Inc.,
80 F.3d 110(4th Cir. 1996) and the ensuing Commission remand
order, I hereby order Respondent to pay the amounts stated above
in full. If any back-pay has been returned to Respondent
pursuant to my November, 1994 decision, Respondent is ORDERED to
pay these amounts back to the individual Complainants within
45 calendar days of this decision. Upon payment of these amounts
these cases are dismissed.

                          Arthur J. Amchan
                          Administrative Law Judge

Distribution:

Robert S. Wilson, Esq., Office of the Solicitor, U.S. Department
of Labor, 4015 Wilson Boulevard, Room 516, Arlington, VA 22203
(Certified Mail)

W. Jeffrey Scott, Esq., 311 Main Street, P.O. Box 608, Grayson,
KY 41143 (Certified Mail)

Mr. Johnny Porter, Route 1, Box 700, Sandy Hook, KY 41171
(Certified Mail)

dcp

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