SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 2003-334-M
Petitioner : A.C. No. 16-00970-00000
:
v. :
:
MORTON INTERNATIONAL, : Weeks Island Mine & Mill
Respondent : Mine I.D.No. 16-00970
DECISION APPROVING SETTLEMENT
| Before: | Judge Feldman |
This civil penalty matter concerns 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 Jeanlouis, Sr., against Morton International ("Morton"). Following an evidentiary hearing, it was determined that Morton's two week 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 that was granted in a Supplemental Decision and Final Order Approving Settlement issued on November 17, 2003,. The parties agreed that the settlement terms would remain confidential. Consequently, the settlement agreement was placed under seal subject to review only by the Commission or other appellate body.
In accordance with the provisions of Commission Rule 44(b), 29 C.F.R. § 2700.44(b), the Secretary was provided with a copy of the Decision on Liability so that she could initiate a civil penalty proceeding for the subject 105(c) violation. 25 FMSHRC at 549. As a consequence of Jeanlouis' case, on September 16, 2003, the Secretary filed a petition for assessment of civil penalty under section 105(d) of the Federal Mine Safety and Health Act of 1977 (the Act) that has been assigned as Docket No. CENT 2003-279-M. The Secretary's petition sought to impose a $4,000 civil penalty.
On December 5, 2003, the Secretary filed a motion to approve a settlement agreement and to dismiss this case. A reduction in civil penalty from $4,000 to $1,500 is proposed. The settlement terms stipulate that nothing in the parties' agreement shall be construed as an admission by Morton that it violated section 105(c) of the Mine Act. See Amax Lead Company of Missouri, 4 FMSHRC 975, 980 (June 1982) (a violation is established for Mine Act purposes as a consequence of a settlement even though the respondent does not admit that a violation occurred).
I have considered the representations and documentation submitted in this case, and I conclude that the proffered settlement is appropriate under the criteria set forth in Section 110(i) of the Act. WHEREFORE, the motion for approval of settlement IS GRANTED, and IT IS ORDERED that Morton International pay a civil penalty of $1,500 within 30 days of this Decision, and, upon receipt of timely payment, the civil penalty matter in Docket No. CENT 2003-334-M IS DISMISSED.
Jerold Feldman
Administrative Law Judge
Distribution:
Keith E. Bell, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor West, Arlington, VA 22209-2247
Willa B. Perlmutter, Esq., Patton Boggs, LLP, 2550 M Street, N.W., Washington, DC 20037
/hs
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