FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

601 NEW JERSEY AVENUE N.W., SUITE 9500

WASHINGTON, D.C. 20001

(202) 434-9950

 

 


June 3, 2010

 

 

SECRETARY OF LABOR,
MINE SAFETY & HEALTH :
ADMINISTRATION (MSHA),
Applicant

v.

ICG BECKLEY, LLC,
Respondent

TEMPORARY REINSTATEMENT
PROCEEDING

Docket No. WEVA 2010-991-D
HOPE CD 2010-06
              

Beckley Pocahontas Plant
Mine ID 46-09216


    ORDER MODIFYING TERMS OF TEMPORARY REINSTATEMENT


Appearances:

Jessica R. Hughes, Esq., U.S. Department of Labor, Arlington, Virginia, on behalf of the Applicant;  

R. Henry Moore, Esq., Pittsburgh, Pennsylvania, on behalf of the Respondent.


Before: Judge Moran


            The Court’s Order of June 1, 2010 is modified to correct the Court’s misstatement that Mr. Strattis’ reinstatement was “deemed effective as of the date of his discharge.” June 1, 2010 Order at 4. Obviously the Court should have stated that the reinstatement was effective as of the date of the June 1st Order. To state otherwise would make the subsequent discrimination proceeding pointless on the question of back pay. The Court apologizes for the confusion it created by misstating the date of reinstatement. All other aspects of the Court’s June 1st Order remain unchanged. Accordingly, Mr. Strattis’ reinstatement is deemed effective as of June 1, 2010.




                                                                         


                                                                                    William B. Moran
                                                                                    Administrative Law Judge

Distribution:


Jessica R. Hughes, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209-2247


R. Henry Moore, Esq., Jackson Kelly, PLLC, Three Gateway Center, 401 Liberty Avenue, Suite 1340, Pittsburgh, PA 15222