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1982 FMSHRC [1] (1982)

handle is hein.usfed/fmshr1982 and id is 1 raw text is: CCASE: MSHA V. KENTUCKY CARBON DDATE: 19820106 TTEXT: FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION WASHINGTON, D.C. January 6, 1982 SECRETARY OF LABOR, MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), On Behalf of BOBBY GOOSLIN Docket No. KENT 80-145-D V. KENTUCKY CARBON CORPORATION DECISION This case arises under section 105(c)(2) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. $ 801 et seq. (Supp III 1979), and involves the single issue of a miner's entitlement to monetary relief for a discriminatory discharge by an operator. 1/ The administrative law judge concluded that Kentucky Carbon Corporation had discharged the complainant, Bobby Gooslin, in violation of the 1977 Mine Act. He ordered the company to rehire and reinstate Gooslin to his former position with full seniority rights. 2/ The judge denied Gooslin's 1/ Section 105(c)(2) provides in pertinent part: The Commission shall have authority ... to require a person committing a violation of this subsection to take such affirmative action to abate the violation as the Commission deems appropriate, including, but not limited to, the rehiring or reinstatement of the miner to his former position with back pay and interest. 2/ We previously considered another aspect of Gooslin's complaint. After Gooslin filed his initial claim of unlawful discrimination, the Secretary, pursuant to section 105(c)(2), applied to temporarily reinstate Gooslin pending a final determination on the merits of Gooslin's complaint. The application for temporary reinstatement was granted. Kentucky Carbon sought review of the reinstatement order, claiming that the procedural rule which governed the temporary reinstatement proceeding denied it due process. We granted Kentucky Carbon's petition for review of the reinstatement order but

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