.
A & K EARTH MOVERS, INC.
August 28, 2000
WEST 2000-242-DM
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 Skyline, Suite 1000
5203 Leesburg Pike
Falls Church, Virginia 22041
August 28, 2000
SECRETARY OF LABOR, : DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. WEST 2000-242-DM
on behalf of CURTIS STAHL, :
Complainant : MSHA Case No. WE MD 98-18
v. :
: Belle Vista Pit
A & K EARTH MOVERS, INC., :
Respondent : Mine ID 26-02046
DECISION
Appearances: Brian W. Dougherty, Esq., Office of the Solicitor,
U.S. Department of Labor, Nashville, Tennessee,
and Christopher B. Wilkinson, Esq., Office of the
Solicitor, U.S. Department of Labor, San
Francisco, California, for Complainant;
Richard L. Elmore, Esq., Hale, Lane, Peek, Denni-
son, Howard & Anderson, Reno, Nevada, for Respondent.
Before: Judge Hodgdon
This case is before me on a Complaint of Discrimination
brought by the Secretary of Labor, acting through her Mine Safety
and Health Administration (MSHA), on behalf of Curtis Stahl,
against A & K Earthmovers, Inc., pursuant to section 105(c) of
the Federal Mine Safety and Health Act of 1977, 30 U.S.C.
� 815(c). A hearing was held in Sparks, Nevada on August 15, 2000.
For the reasons set forth below, I approve the settlement
agreement offered by the parties at the hearing.
The parties announced at the outset of the hearing that they
had agreed to settle this case and all other pending cases
between the Secretary and A & K.[1] With regard to Stahl, the
agreement provides that: (1) A & K will pay him $15,000.00 in
complete satisfaction of any and all claims he has against the
company; (2) Stahl waives his claim for permanent reinstatement;
(3) A & K will amend Stahl's employment records to delete any
reference to his termination and, on inquiry from third parties,
will provide only his dates of employment; and (4) Stahl's
temporary reinstatement terminates as of the date of the hearing.
As part of the agreement, the Secretary also agreed to dismiss
the civil penalty proceeding filed in connection with the
discrimination complaint.
After assuring that all parties understood, and agreed to,
the settlement, I accepted the agreement finding that it was both
appropriate under the Act and in the public interest. (Tr. 8-11)
Order
Accordingly, the motion for approval of settlement is
GRANTED and the parties are ORDERED to carry out their
obligations as set out in the agreement. It is FURTHER ORDERED
that the Order of Temporary Reinstatement, issued on February 18,
2000, in Docket No. WEST 2000-145-DM,[2] is DISSOLVED, nunc pro
tunc, on August 15, 2000. It is FURTHER ORDERED that this
proceeding is DISMISSED with prejudice.
T. Todd Hodgdon
Administrative Law Judge
Distribution: (Certified Mail)
Brian W. Dougherty, Esq., Office of the Solicitor, U.S.
Department of Labor, 2002 Richard Jones Road, Suite B-201,
Nashville, TN 37215
Christopher B. Wilkinson, Esq., Office of the Solicitor, U.S.
Department of Labor, 71 Stevenson St., Suite 1110, San Francisco,
CA 94105
Richard L. Elmore, Esq., Hale Lane Peek Dennison Howard and
Anderson, 100 West Liberty Street, Tenth Floor, Reno, NV 89501
/nt
**FOOTNOTES**
[1]: The other cases are a discrimination complaint filed
against the company by Eleuterio Jacinto, Case No. WE MD 98-18; a
civil penalty case, Docket No. WEST 99-43-M; and two 110(c), 30
U.S.C. � 820(c), cases against A & K supervisors, Joe Hess,
Docket No. WEST 2000-216-M, and Bryan Wade, Docket No. WEST 2000-
200-M. With the exception of the discrimination case, all of the
cases are pending before Judge Cetti.
[2]: Secretary on behalf of Stahl v. A & K Earthmovers,
Inc., 22 FMSHRC 233 (February 2000).