[DOCID: f:va9979xx.wais] ISLAND CREEK COAL COMPANY October 11, 2000 VA 1999-79-C FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 October 11, 2000 UNITED MINE WORKERS OF AMERICA : COMPENSATION PROCEEDING LOCAL UNION 2232, DISTRICT 20 : on behalf of MINERS, : Docket No. VA 1999-79-C Applicants, : Mine ID 44-03795 : v. : : ISLAND CREEK COAL COMPANY, : VP No. 8 Mine Respondent. : DECISION ON REMAND Before: Judge Avram Weisberger On July 31, 2000, the Commission issued a decision in this compensation proceeding, 22 FMSHRC 811 (July 2000), reversing my initial decision, 21 FMSHRC 1093 (Oct. 1999), and remanding for calculation of the compensation due miners for the 2 « hours of the shift during which they were idled by a Section 107(a) withdrawal order. On September 29, 2000, pursuant to discussion with counsel in numerous conference calls, the parties filed a Joint Stipulation stipulating, inter alia, the names of the 41 miners due compensation, and the amount of principal due each, totaling $1,539.61. In addition, Applicant seeks an award of interest due each miner totaling $209.43. Respondent, in opposing this request, relies on the decision of the majority[1] of the commission in this matter, 22 FMSHRC supra, which awarded principal without interest in contrast to Commissioner Verheggen, who wrote an opinion concurring in result but asserting that an award should include interest. In UMWA v. Clinchfield Coal, 10 FMSHRC 1493 (1988), the Commission established, based on, inter alia, its review of the legislative history of Section 111 of the Federal Mine Safety and Health Act of 1977, that interest should be awarded in cases where compensation is sought pursuant to Section 111, supra. UMWA v. Clinchfield Coal, supra, has not been overruled by any subsequent commission case, including, importantly, the commission decision in the instant case. Accordingly, based on the controlling authority of UMWA v. Clinchfield Coal, supra, I find that the affected miners are, properly, to be awarded interest. Order It is ORDERED that the Respondent pay $1,749.04, within 30 days of this decision, as delineated in Exhibit B of the parties' Joint Stipulation. Avram Weisberger Administrative Law Judge Distribution Max Kennedy, International Representative, United Mine Workers of America, District 20, Subdistrict 28, P.O. Box 28, Castlewood, VA 24224 (Certified Mail) Elizabeth Chamberlin, Esq., Consolidation Coal Company, 1800 Washington Road, Pittsburgh, PA 15241 (Certified Mail) /sct **FOOTNOTES** [1]: Commissioners Marks and Riley constituted the majority of the panel of the commission assigned to decide this matter, as Chairman Jordan and Commissioner Beatty recused themselves, and Commissioner Verheggen wrote a separate opinion concurring in result.