EDDIE M. JEANLOUIS, SR., : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. CENT 2002-279-DM
v. : SC MD 2002-04
:
MORTON INTERNATIONAL, : Weeks Island Mine & Mill
Respondent : Mine ID 16-00970
SUPPLEMENTAL DECISION
AND
FINAL ORDER APPROVING SETTLEMENT
| Appearances: | Toni K. Jeanlouis, St. Martinsville, Louisiana, for the Complainant; Willa B. Perlmutter, Esq., Patton Boggs, LLP, Washington, DC for the Respondent. |
| Before: | Judge Feldman |
This case is before me based on a discrimination complaint filed pursuant to section 105(c)(3) of the Federal Mine Safety and Health Act of 1977, as amended, 30 U.S.C. § 815(c)(3) (1994) (the "Act"), by Eddie M. Jeanlouis, Sr., against Morton International ("Morton"). This discrimination proceeding concerns Jeanlouis' March 23, 2001, two week suspension without pay. Jeanlouis seeks to recover lost wages and related expenses.
Following an evidentiary hearing, it was determined that Morton's suspension of Jeanlouis violated section 105(c) of the Act. Decision on Liability, 25 FMSHRC 536 (Sept. 2003) (ALJ). In the initial liability decision, the parties were directed to agree on the specific relief that should be awarded, or, alternatively, to file documentation in support of their separate proposals for relief. Id. at 548-49. After several telephone conferences, the parties advised that they had reached a settlement agreement. On November 13, 2003, Morton filed a Motion to Approve Settlement.
The settlement provisions include Morton's waiver of its right to appeal the Decision on Liability, Jeanlouis' withdrawal of his discrimination complaint, and other confidential provisions concerning consideration and the release of claims. I have reviewed the settlement terms and I conclude the parties' agreement is reasonable and in the public interest.
ACCORDINGLY, the parties' motion for approval of settlement IS GRANTED. Pursuant to the parties' agreement, the terms and conditions of the settlement ARE DECLARED CONFIDENTIAL. The settlement IS ORDERED PLACED UNDER SEAL subject to review only by the Commission or other appellate body. In view of the settlement, this discrimination matter IS DISMISSED.
Jerold Feldman
Administrative Law Judge
Distribution: (Certified Mail)
Toni K. Jeanlouis, Eddie M. Jeanlouis, Sr., 1502 Lubre Lane, St. Martinsville, LA 705882
Willa B. Perlmutter, Esq., Patton Boggs, LLP, 2550 M Street, N.W., Washington, DC 20037
/hs