FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
1331 Pennsylvania Ave. NW, Suite 520N
TELEPHONE: (202)434-9958 / FAX: (202)434-9949
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
on behalf of TRACY A. LEWIS,
TIP TOP MATERIALS, LLC,
Docket No. VA 2021-0008-D
MSHA Case No.: NORT-CD 2021-03
Mine: Tip Top Materials, LLC
Mine ID: 44-07399
This matter is before me on an application for temporary reinstatement filed by the Secretary of Labor (“Secretary”) on behalf of Tracy Lewis (“Complainant”) pursuant to section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), 30 U.S.C. § 815(c)(2), against Tip Top Materials, LLC (“Tip Top”). The Secretary filed the Application for Temporary Reinstatement on February 26, 2021. The Respondent did not file a timely Request for Hearing, and the temporary reinstatement of Tracy A. Lewis was ordered by me on March 11, 2021.
The Respondent subsequently retained counsel and the parties to this case – the Secretary; Tracy A. Lewis; and Tip Top Materials, LLC - through their respective counsel filed a Joint Motion to Approve Economic Temporary Reinstatement Agreement for Tracy A. Lewis on March 16, 2021. Pursuant to the Agreement, Tip Top, effective March 12, 2021, shall place Lewis “in the same financial and legal position that he would be in had he physically returned to work” while his discrimination case on the merits is pending.
The Agreement sets forth the terms of the temporary economic reinstatement, including Complainant’s rate of pay and benefits. Lewis shall be paid every Friday via a check mailed to him at 8717 Lewis Mountain Road, Pound, VA 24279. The Agreement includes other terms and conditions which are incorporated into this order by reference.
I have considered the representations and documentation submitted in this case and I conclude that the terms set forth in the Agreement are appropriate under section 105(c)(2) of the Mine Act. Consequently, the Agreement is APPROVED and Tip Top is ORDERED to economically temporarily reinstate Tracy A. Lewis pursuant to the terms and conditions set forth in the Agreement.
Distribution (Via Certified Mail & E-mail)
LaShanta Harris, Esq., U.S. Dept. of Labor, Office of the Regional Solicitor, 201 12 Street South, Suite #401, Arlington, VA 22202, Harris.LaShanta@dol.gov
Dennis E. Jones, Esq., 230 Charwood Drive, Suite A, Abingdon, VA 24210; email@example.com
Wes Addington, Esq., Appalachian Citizens’ Law Center, 317 Main Street, Whitesburg, KY 41858, firstname.lastname@example.org
Tony Oppegard, Esq., P.O. Box 22446, Lexington, KY 40522, email@example.com