Lehigh Portland Cement Company (ALJ decision, April 29, 1993)

Plain-English summary

Gerald Sapunarich brought a Mine Act discrimination case against Lehigh Portland Cement Company. The parties proposed a settlement requiring the company to pay a $1,500 civil penalty and post the settlement agreement on the mine bulletin board for at least 30 days. Judge William Fauver found the settlement consistent with the purposes of the discrimination provision and approved it. The proceeding was to be dismissed after payment.

Decision snapshot

• Cited provisions: 30 U.S.C. § 815(c) and 30 U.S.C. § 820(i)
• Outcome: The settlement was approved, a $1,500 penalty was ordered, and the proceeding was to be dismissed after payment.
• Key point: The judge approved a Mine Act discrimination settlement that included both a civil penalty and workplace posting.

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

SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA) :
On Behalf of
:
GERALD SAPUNARICH, : Docket No. YORK 93-65-DM
Complainant : Cementon Plant & Quarry
:
v. :
:
LEHIGH PORTLAND CEMENT
:
COMPANY,
:
Respondent :

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case involves an alleged discrimination against miner Gerald Sapunarich in violation of 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq.

The parties propose to settle the case by assessment of a civil penalty of $1,500.00 and by posting the settlement agreement on the mine bulletin board for a minimum of 30 days.

I find the settlement to be consistent with the purposes of 105(c) and 110(i) of the Act.

ORDER

1. The motion to approve settlement is GRANTED.

2. Respondent shall pay the approved civil penalty of $1,500.00 within 30 days of this Decision, and upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

James A. Magenheimer, Esq., Office of the Solicitor, U.S.
Department of Labor, 201 Varick Street, Room 707, New York,
NY 10014 (Certified Mail)

J. Michael Better, Esq., 315 A. Washington Avenue, Albany, NY
12206 (Certified Mail)

Mr. Gerald M. Sapunarich, P. O. Box 113, Cementon, NY 12415-0133
(Certified Mail)

Patrick Lydon, Esq., Lehigh Portland Cement Company, 7660
Imperial Way, Allentown, PA 18195 (Certified Mail)

Mr. Leslie W. Copple, Plant Manager, Lehigh Portland Cement
Company, P. O. Box 117, Cementon, NY 12415 (Certified Mail)

/fcca