FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
1331 Pennsylvania Ave. NW, Suite 520N.
WASHINGTON, DC 20004-1710
TELEPHONE: (202)434-9958 / FAX: (202)434-9949

July 29, 2021
SECRETARY OF LABOR TEMPORARY REINSTATEMENT
MINE SAFETY AND HEALTH PROCEEDING
ADMINISTRATION (MSHA),
on behalf of JASON HARGIS, Docket No. SE 2021-0163
Complainant, MSHA Case No.: BARB-CD-2021-02
v.
VULCAN CONSTRUCTION
MATERIALS, LLC, Mine: Wilson County Quarry
Respondent Mine ID: 40-00131

ORDER GRANTING TEMPORARY ECONOMIC REINSTATEMENT
OF JASON HARGIS

Before: Judge Young

Pursuant to Section 105(c)(2) of the Federal Mine Safety and Health Act of 1977 (“Act”),
30 U.S.C. § 801, et. seq., and 29 C.F.R. § 2700.45, the Secretary of Labor (“Secretary”) on July
16, 2021, filed an Application for Temporary Reinstatement of miner Jason Hargis
(“Complainant”) to his former position with Vulcan Construction Materials, LLC,
(“Respondent”) at Respondent’s mine pending final hearing and disposition of the case.

According to Commission Rule 45, a request for hearing must be filed within 10 days
following receipt of the Secretary’s application for temporary reinstatement. 29 C.F.R.
§ 2700.45(c). The Secretary’s certificate of service states that the Application for Temporary
Reinstatement of Complainant was served on Respondent by electronic mail on July 16, 2021.
On a July 26, 2021 conference call, the Respondent told this Court that it would not be seeking a
hearing in this matter.

On July 28, 2021, the parties further submitted a Joint Motion to Approve Settlement
Regarding Temporary Economic Reinstatement. The Agreement sets forth the terms of the
temporary economic reinstatement, including Complainant’s rate of pay and benefits, the date
that economic reinstatement shall begin, and other terms, which are incorporated into this Order
by reference.

The Secretary has found that the Complaint was not frivolously brought and has provided
evidence supporting that determination. The Respondent does not contest the determination.
Therefore, consistent with Section 105(c)(2) of the Act, the temporary economic reinstatement of
Jason Hargis is granted.


ORDER

It is hereby ORDERED that Jason Hargis be TEMPORARILY ECONOMICALLY
REINSTATED, effective July 27, 2021. Hargis shall receive the wages he was formerly paid,
as well as other terms of his employment, as set forth in the Agreement.

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 Vulcan
Construction Materials, LLC, did not violate Section 105(c) ofthe Act.

Mibhael G. Y:
Administrative Law Jiidge

Distribution (Via Certified Mail & E-mail)

William K. Doran, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 1909 K Street, N.W., Suite
1000, Washington, DC 20006 (william.doran@ogletree.com)

Christopher M. Smith, Office of the Solicitor, U. S. Department of Labor, 618 Church Street,
Suite 230, Nashville, TN 37219 (smith.christopher.m@dol.gov)

Elaine M. Youngblood, Ortale Kelley, 330 Commerce Street, Suite 110, Nashville, TN 37201,
(eyoungblood@ortalekelley.com)