FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
1331 PENNSYLVANIA AVENUE, NW, SUITE 520N
WASHINGTON, DC 20004-1710
TELEPHONE: 202-434-9987 / FAX: 202-434-9949
February 14, 2013
WOODROW WILSON COSBY, Complainant v. SHAW MAINTENANCE GROUP, Respondent |
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DISCRIMINATION PROCEEDING Docket No. VA 2009-322-DM NE-MD-09-01 King William Mine ID 44-06882 4TX |
DECISION
Appearances: Woodrow Wilson Cosby, Hayes, Virginia, pro se;
Thomas Benjamin Huggett, Esq., Littler Mendelson, P.C., Philadelphia, Pennsylvania, for Respondent.
Before: Judge Bulluck
This case is before me on a Complaint of Discrimination filed pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977 (“The Act”), 30 U.S.C. § 815(c)(3). The Complainant alleges that Shaw Maintenance Group unlawfully discharged Cosby at the Nestle-Purina site on or about January 9, 2009.
Prior to opening of the record, the parties reached a settlement. I tentatively approved their agreement pending my review of a motion to approve settlement.
I have reviewed the Joint Motion to Approve Settlement and conclude that it is appropriate and in the public interest. Under the terms of the agreement, Respondent is required to take the following actions:
1. Pay directly to Woodrow Wilson Cosby the sum of $5,000.00;
2. Expunge all records maintained by Shaw Maintenance Group in Cosby’s personnel and company files of all information relating to the matters being litigated herein;
3. If contacted by a prospective employer of Cosby, Shaw Maintenance Group shall not
give Cosby a negative reference regarding his job performance, and shall give such prospective employer only his job title and dates of employment;
4. Provide signed letters on corporate stationary to Cosby which shall state the dates of his employment and the jobs performed for Shaw Maintenance Group.
ORDER
WHEREFORE, the approval of settlement is GRANTED and it is ORDERED that Shaw Maintenance Group comply with the terms of the settlement agreement within 30 days of the date of this decision. Accordingly, this case is DISMISSED.
/s/ Jacqueline R. Bulluck
Jacqueline R. Bulluck
Administrative Law Judge
Distribution:
Woodrow Wilson Cosby, 8416 Little England Road, Hayes, VA 23072
Thomas Benjamin Huggett, Esq., Littler Mendelson, P.C., Three Parkway, 1601 Cherry Street, Suite 1400, Philadelphia, PA 19102-1321
/ss