FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
1331 Pennsylvania Ave. NW, Suite 520N
WASHINGTON, DC 20004-1710
TELEPHONE: (202)434-9958 / FAX: (202)434-9949
SECRETARY OF LABOR
MINE SAFETY AND HEALTH
on behalf of JASON HARGIS,
VULCAN CONSTRUCTION MATERIALS, LLC,
TEMPORARY REINSTATEMENT PROCEEDING
Docket No. SE 2021-0163
MSHA Case No.: BARB-CD-2021-02
Mine: Wilson County Quarry
Mine ID: 40-00131
ORDER GRANTING TEMPORARY ECONOMIC REINSTATEMENT
OF JASON HARGIS
Before: Judge Young
Pursuant to Section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (“Act”), 30 U.S.C. § 801, et. seq., and 29 C.F.R. § 2700.45, the Secretary of Labor (“Secretary”) on July 16, 2021, filed an Application for Temporary Reinstatement of miner Jason Hargis (“Complainant”) to his former position with Vulcan Construction Materials, LLC, (“Respondent”) at Respondent’s mine pending final hearing and disposition of the case.
According to Commission Rule 45, a request for hearing must be filed within 10 days following receipt of the Secretary’s application for temporary reinstatement. 29 C.F.R. § 2700.45(c). The Secretary’s certificate of service states that the Application for Temporary Reinstatement of Complainant was served on Respondent by electronic mail on July 16, 2021. On a July 26, 2021 conference call, the Respondent told this Court that it would not be seeking a hearing in this matter.
On July 28, 2021, the parties further submitted a Joint Motion to Approve Settlement Regarding Temporary Economic Reinstatement. The Agreement sets forth the terms of the temporary economic reinstatement, including Complainant’s rate of pay and benefits, the date that economic reinstatement shall begin, and other terms, which are incorporated into this Order by reference.
The Secretary has found that the Complaint was not frivolously brought and has provided evidence supporting that determination. The Respondent does not contest the determination. Therefore, consistent with Section 105(c)(2) of the Act, the temporary economic reinstatement of Jason Hargis is granted.
It is hereby ORDERED that Jason Hargis be TEMPORARILY ECONOMICALLY REINSTATED, effective July 27, 2021. Hargis shall receive the wages he was formerly paid, as well as other terms of his employment, as set forth in the Agreement.
This Order SHALL remain in effect until such time as there is a final determination in this matter by hearing and decision, approval of settlement, or other order of this court or the Commission.
I retain jurisdiction over this temporary reinstatement proceeding. 29 C.F.R. § 2700.45(e)(4). The Secretary SHALL provide a report on the status of the underlying discrimination complaint as soon as possible. Counsel for the Secretary SHALL also immediately notify my office of any settlement or of any determination that Vulcan Construction Materials, LLC, did not violate Section 105(c) of the Act.
/s/ Michael G. Young
Michael G. Young
Administrative Law Judge
Distribution (Via Certified Mail & E-mail)
William K. Doran, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 1909 K Street, N.W., Suite
1000, Washington, DC 20006 (firstname.lastname@example.org)
Christopher M. Smith, Office of the Solicitor, U. S. Department of Labor, 618 Church Street,
Suite 230, Nashville, TN 37219 (email@example.com)
Elaine M. Youngblood, Ortale Kelley, 330 Commerce Street, Suite 110, Nashville, TN 37201,