FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

1331 Pennsylvania Ave. NW, Suite 520N

TELEPHONE: (202)434-9958 / FAX: (202)434-9949

March 16, 2021

ORDER OF TEMPORARY ECONOMIC REINSTATEMENT

Before: Judge Young

This matter is before me on an application for temporary reinstatement filed by the

Secretary of Labor (“Secretary”) on behalf of Tracy Lewis (“Complainant”) pursuant to section 

105(c)(2) of the Federal Mine Safety and Health Act of 1977 (“Mine Act”), 30 U.S.C. § 

815(c)(2), against Tip Top Materials, LLC (“Tip Top”). The Secretary filed the Application for 

Temporary Reinstatement on February 26, 2021. The Respondent did not file a timely Request 

for Hearing, and the temporary reinstatement of Tracy A. Lewis was ordered by me on March 

11, 2021. 

The Respondent subsequently retained counsel and the parties to this case – the 

Secretary; Tracy A. Lewis; and Tip Top Materials, LLC - through their respective counsel filed a 

Joint Motion to Approve Economic Temporary Reinstatement Agreement for Tracy A. Lewis on 

March 16, 2021. Pursuant to the Agreement, Tip Top, effective March 12, 2021, shall place 

Lewis “in the same financial and legal position that he would be in had he physically returned to 

work” while his discrimination case on the merits is pending. 

The Agreement sets forth the terms of the temporary economic reinstatement, including

Complainant’s rate of pay and benefits. Lewis shall be paid every Friday via a check mailed to 

him at 8717 Lewis Mountain Road, Pound, VA 24279. The Agreement includes other terms and 

conditions which are incorporated into this order by reference.

ORDER

I have considered the representations and documentation submitted in this case and I

conclude that the terms set forth in the Agreement are appropriate under section 105(c)(2) of the 

Mine Act. Consequently, the Agreement is APPROVED and Tip Top is ORDERED to

economically temporarily reinstate Tracy A. Lewis pursuant to the terms and conditions set forth 

in the Agreement.

SECRETARY OF LABOR

 MINE SAFETY AND HEALTH

 ADMINISTRATION (MSHA),

 on behalf of TRACY A. LEWIS,

 Complainant,

v.

TIP TOP MATERIALS, LLC,

 Respondent

TEMPORARY REINSTATEMENT

Docket No. VA 2021-0008-D

MSHA Case No.: NORT-CD 2021-03

Mine: Tip Top Materials, LLC

Mine ID: 44-07399
2

This Order SHALL remain in effect until such time as there is a final determination in 

this matter by hearing and decision, approval of settlement, or other order of this court or the 

Commission.

I retain jurisdiction over this temporary reinstatement proceeding. 29 C.F.R. 

§ 2700.45(e)(4). The Secretary SHALL provide a report on the status of the underlying 

discrimination complaint as soon as possible. Counsel for the Secretary SHALL also 

immediately notify my office of any settlement or of any determination that Tip Top Materials, 

LLC, did not violate Section 105(c) of the Act.

Michael G. Young

Administrative Law Judge

Distribution (Via Certified Mail & E-mail)

LaShanta Harris, Esq., U.S. Dept. of Labor, Office of the Regional Solicitor, 201 12 Street 

South, Suite #401, Arlington, VA 22202, Harris.LaShanta@dol.gov

Dennis E. Jones, Esq., 230 Charwood Drive, Suite A, Abingdon, VA 24210; dejones@bvu.net

Wes Addington, Esq., Appalachian Citizens’ Law Center, 317 Main Street, Whitesburg, KY

41858, wes@aclc.org

Tony Oppegard, Esq., P.O. Box 22446, Lexington, KY 40522, tonyoppegard@gmail.com