JAMES WOMACK, : DISCRIMINATION PROCEEDING
Complainant :
: Docket No. WEST 2002-138-DM
v. : WE MD 01-17
:
GRAYMONT WESTERN US, :
Respondent : Tacoma Plant
: Mine ID 45-03290
SUPPLEMENTAL DECISION
AND
FINAL ORDER APPROVING SETTLEMENT
| Appearances: | James Womack, pro se, Tacoma, Washington, for the Complainant; Robert Leinwand, Esq., Stole Rives, LLP, Portland, Oregon, 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 James Womack against Graymont Western US Inc. ("Graymont"). Following an evidentiary hearing, it was determined that Graymont's termination of Womack's employment violated section 105(c) of the Act. Decision on Liability, 25 FMSHRC 235 (May 2003) (ALJ). After filing proposals for relief, the parties agreed to settle this matter. On July 8, 2003, the parties filed a joint stipulated motion for approval of the terms of their settlement agreement. The parties agreed that the provisions of their agreement shall remain confidential.
On July 17, 2003, I issued an Interim Decision Approving Settlement. The Interim Decision specified that this matter would be dismissed upon a demonstration that the parties had substantially performed the terms of their agreement. On August 4, 2003, I received documentation of substantial performance.
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 with prejudice.
Jerold Feldman
Administrative Law Judge
Distribution: (Certified Mail)
Robert Leinwand, Esq., Stole Rives, LLP, 900 S.W. Fifth Avenue, Suite 2600,
Portland, OR 97204 /hs