XAVIER F. GONZALEZ,
v.
RINKER MATERIALS CORPORATION, |
: |
DISCRIMINATION PROCEEDING Docket No. WEST 2005-288-DM
Rinker Green Valley |
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