FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
601 NEW JERSEY AVENUE, N.W., SUITE 9500
WASHINGTON, D.C. 20001

February 8, 2006

XAVIER F. GONZALEZ,
                   Complainant,

 

v.

 

RINKER MATERIALS CORPORATION,
                    Respondent,

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DISCRIMINATION PROCEEDING

Docket No. WEST 2005-288-DM
RM MD 05-05

 

Rinker Green Valley
Mine ID: 02-02643

DECISION
AND
ORDER PARTIALLY SEALING RECORD

Appearances: Steven G. Sandoval, Esq., Law Offices of Steven G. Sandoval, P.C.,177 N. Church Avenue, Suite 1008, Tucson, Arizona 85701, for Petitioner

Katherine Shand Larkin, Esq., Jackson Kelly, PLLC, 1099 18TH Street,
Suite 2150, Denver, Colorado 80202, for Respondent

Before: Judge Manning

This case concerns a discrimination complaint filed pursuant to Section105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 815(c)(3). Xavier Gonzalez alleges that he was unlawfully terminated from employment by Rinker Materials on December 9, 2004, due to a work-related injury that he incurred on December 8, 2004. He seeks reinstatement with back pay, damages for emotional distress and attorney's fees.

A hearing on the merits was convened on November 29, 2005, in Tucson, Arizona, during the course of which the parties engaged in discussions and negotiated a settlement. Under the essential terms of the agreement, Rinker Materials is required to make a lump-sum payment to Gonzalez in consideration of Gonzalez's withdrawal of his discrimination complaint, with prejudice, and release of Rinker Materials from all other related claims and causes of action. I tentatively approved the settlement on the record pending filing of the written, executed agreement.

ORDER

The settlement is appropriate and is in the public interest. WHEREFORE, the approval of settlement is GRANTED, and it is ORDERED that the record is PARTIALLY SEALED, i.e., the hearing transcript of November 29, 2005, Settlement and Mutual Release Agreement, executed on January 6, 2006, and Withdrawal of Claim, dated January 6, 2006, and this case is DISMISSED WITH PREJUDICE.





Jacqueline R. Bulluck

Administrative Law Judge

(202) 434-9987

Distribution:

Steven G. Sandoval, Esq., Law Offices of Steven G. Sandoval, P.C., 177 N. Church Avenue, Suite 1008, Tucson, AZ 85701

Katherine S. Larkins, Esq., Jackson Kelly, PLLC, 1099 18th Street, Suite 2150, Denver, CO 80202

/ej