FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

Office of Administrative Law Judges

1331 Pennsylvania Ave. NW, Ste. 520N

WASHINGTON, D.C. 20004-1720

(202) 434-9950/ Fax: (202) 434-9949

 

April 2, 2013

SECRETARY OF LABOR,   
MINE SAFETY AND HEALTH    
ADMINISTRATION (MSHA),  
O/B/O Douglas A. Pilon 
Complainant


v.

ISP MINERALS, INC.,
Respondent.

:
:
:
:
:
:
:
:
:
:
:

DISCRIMINATION

Docket No. LAKE 2011-108-D

NC MD 2010-03

 

Mine: Kremlin Plant

 

FINAL ORDER

 

 

            On March 1, 2013, I issued a decision finding ISP Minerals, Inc. (ÒISPÓ) discriminated against the Complainant.  In that decision, I ordered ISP to reinstate Pilon to his former position as a kiln operator, purge his personnel file of any negative references regarding his discrimination complaint and to post a notice at the Kremlin Plant Mine that it will not violate section 105(c) of the Mine Act.  I further found that Pilon was entitled to back pay with interest including overtime since the time of his suspension on March 2, 2010, minus any interim wages earned during his period of temporary reinstatement.  I awarded other damages including attorneyÕs fees and any non-covered medical expenses.  I retained jurisdiction over the matter until the parties either submitted an agreement as to these damages or requested a supplementary hearing on the issues.  In addition, I requested the parties submit their respective positions concerning the SecretaryÕs request for imposition of a monetary penalty against ISP over which I retained jurisdiction as well.

 

            On April 1, 2013, the Secretary filed a joint Proposed Stipulation & Settlement Agreement signed by counsel for the Secretary and ISP.  The proposed settlement agreement addresses each of the matters over which I retained jurisdiction in this matter to fully compensate Pilon. Having reviewed the agreement, I find that it is satisfactory.

 

            I hereby ORDER the following:

 

            1.  That Douglas Pilon is entitled to back pay (including interest) in the amount of $11,272.10 for the period between March 2, 2010 and July 2, 2010.

 

            2.  That Douglas Pilon is entitled to attorneyÕs fees and costs in the amount of $7,369.93.

 

            3.  That Respondent shall pay Douglas Pilon $18,642.03 within 30 days of the issuance of this Final Order.

 

            4.  That Douglas Pilon did not incur any medical coverage expenses during the period of March 2, 2010 through July 2, 2010 and therefore no amount shall be owed.

 

            5.  That the penalty of $10,000 requested by the Secretary is approved and shall be paid by ISP within 30 days of the issuance of this Final Order.  Payment shall be sent to: U.S. Department of Labor, P.O. Box 790390, St. Loius, MO  63179.

 

            6.  That, pursuant to the statutory relief provided at 30 C.F.R.¤805(c), Douglas Pilon is entitled to rehiring or reinstatement to his former position of kiln operator at RespondentÕs Kremlin Plant.  Respondent shall engage in good faith negotiations with Douglas Pilon regarding front pay in lieu of such reinstatement.  Should an agreement not be reached by April 15, 2013, Pilon shall be reinstated to his former position of kiln operator at ISPÕs Kremlin Plant.

 

 

                         

 

 

                                                                        /s/ Priscilla M. Rae    

                                                                       Priscilla M. Rae                                                       

                                                                       Administrative Law Judge

 

 

Distribution (Certified Mail):

 

Travis W. Gosselin, Esq., U.S. Department of Labor, Office of the Solicitor, 230 South Dearborn Street, Room 844, Chicago, IL  60604

 

Gregory P. Seibold, Esq., Seibold Law Firm, LLC, 1112 Carpenter Avenue, Iron Mountain, MI  49801

 

Brent I. Clark, Esq., Seyfarth Shaw, LLP, 131 South Dearborn Street, Suite 2400, Chicago, IL  60604

 

Megan N. Newman, Esq., Seyfarth Shaw, LLP, 131 South Dearborn Street, Suite 2400, Chicago, IL  60604

 

Thomas A. McKinney, Esq., Castronovo & McKinney, LLC, 18 MacCulloch Avenue, Morristown, NJ  07960.

 

Douglas A. Pilon, 496 A. Peterson Memorial Drive, Niagara, WI  54151

 

Darcy Powell, Union Steward, c/o ISP Minerals, Inc., P.O. Box 248, Pembine, WI 54156