FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

721 19th ST. SUITE 443

DENVER, CO 80202-2500

TELEPHONE: 303-844-5266 FAX: 303-844-5268

April 14, 2020

SECRETARY OF LABOR

MINE SAFETY AND HEALTH

ADMINISTRATION (MSHA) obo 

MICHAEL SALVO,

 

Complainant,

v.

PILOT THOMAS LOGISTICS dba

THOMAS PETROLEUM, LLC, 

 Respondent.

TEMPORARY REINSTATEMENT 

PROCEEDING

Docket No. WEST 2020-0214-DM

MSHA Case No. WE MD 20-05

Mine: Goldstrike Mine

Mine ID: 26-01089 (A2612)

ORDER GRANTING TEMPORARY ECONOMIC REINSTATEMENT

Before: Judge Gill

This case involves an Application for Temporary Reinstatement filed by the Secretary of 

Labor (Secretary) on behalf of complainant, Michael Salvo, against Respondent, Pilot Thomas 

Logistics dba Thomas Petroleum, LLC, pursuant to section 105(c)(2) of the Federal Mine Safety 

and Health Act of 1977, 30 U.S.C. § 815(c)(2). On April 8, 2020, the parties submitted a Joint 

Motion for Temporary Economic Reinstatement that included the individual terms of the 

settlement. 

Pursuant to the terms of the Joint Motion, the parties move for an order that would 

temporarily, economically reinstate Salvo during the investigation and litigation of the merits of 

Salvo’s February 14, 2020, discrimination complaint by the Mine Safety and Health 

Administration (MSHA). Specifically, the parties agree that Salvo’s temporary reinstatement 

shall be subject to the following terms and conditions: 

(1) The Secretary asserts that the complaint of discrimination filed by Complainant Michael 

Salvo under Section 105(c) of the Federal Mine Safety and Health Act of 1977 (“Mine 

Act”) was not frivolously brought.

(2) Without admitting that Mr. Salvo’s complaint was not frivolously brought, Respondent 

agrees to the entry of an Order of Temporary Economic Reinstatement pending 

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investigation of the merits of Mr. Salvo’s discrimination complaint to the Mine Safety 

and Health Administration and the completion of any subsequent litigation on a 

complaint filed by the Secretary of Labor regarding Mr. Salvo’s discrimination 

complaint.

(3) The parties agree that, due to the distances involved and the need for quick action in this 

matter electronic signatures or electronically scanned signatures shall be deemed valid. 

(4) Respondent agrees to economically reinstate Mr. Salvo to his position as an 

equipment/haul truck operator, effective upon the approval of this Settlement and Order 

Granting Temporary Economic Reinstatement by a Federal Mine Safety and Health 

Review Commission (“Commission”) Administrative Law Judge (“ALJ”). Respondent 

agrees to pay Mr. Salvo a gross pay of $1,579.29 per pay period subject to normal 

deductions. 

(5) Respondent shall provide benefits (including but not limited to retirement plan and 

seniority accrual) associated with Mr. Salvo’s employment, in which he participated or 

was a beneficiary and consistent with those provided pre-termination except for health 

insurance. Respondent may deduct all applicable tax withholdings and other 

withholdings on the same basis as generally required for payment of other benefits 

pursuant to its policies and practices applicable to other employees.

(6) The first payment shall be due to Mr. Salvo on Respondent’s first regular weekly pay day 

after the date of approval of this Settlement Agreement by an ALJ. All subsequent 

payments shall be due on Respondent’s regular weekly pay days. All payments shall be 

made by regular payroll or certified check to “Michael Salvo” and deposited directly into 

Mr. Salvo’s bank account as Respondent did pre-termination.

(7) Respondent agrees to continue its practice of not providing job references and potential 

employers will be provided standard dates of employment and job title. 

(8) Mr. Salvo’s economic temporary reinstatement shall terminate upon a finding by the 

Secretary that Section 105(c)(1) of the Mine Act has not been violated, or if the 

investigation or discrimination proceeding is otherwise discontinued for any reason that 

is permitted under the Act and its regulations. Alternatively, if the Secretary finds that the 

discrimination complaint has merit and the Secretary files a Complaint of Discrimination 

pursuant to Section 105(c)(2) with the Commission, Mr. Salvo’s economic temporary 

reinstatement shall expire only after any decision or other similar order on such 

Complaint from the Federal Mine Safety and Health Review Commission becomes a 

final order that is not appealed by the Secretary or Respondent.

(9) Mr. Salvo understands and agrees that he is not entitled to request or collect any 

unemployment compensation benefits during the economic temporary reinstatement 

period.

(10) The Secretary represents that the terms of this Settlement Agreement and Joint Motion 

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for Temporary Economic Reinstatement have been conveyed to Mr. Salvo, who has 

agreed to the terms of the economic temporary reinstatement. 

(11) The parties further agree that by entering into a settlement agreement of the temporary 

reinstatement proceeding, in which the standard of review is limited, Respondent reserves 

all rights, including all legal and factual defenses it has to the substantive Section 105(c) 

complaint, and that none are waived. By agreeing to economic temporary reinstatement 

of Mr. Salvo, Respondent does not concede in any way the merits of Mr. Salvo’s claims 

and nothing herein shall be construed as an admission of liability by the Respondent. 

Further this agreement may not be relied upon by either party for any reason other than to 

enforce its terms during the pendency of the temporary reinstatement order.

I have reviewed the Joint Motion and determined that it reflects a clear meeting of the 

minds on the issue of temporary economic reinstatement, as required by Commission precedent. 

I have further determined that the parties’ agreement is consistent with the purposes of the Act 

and Section 110(i) of the Act. Upon consideration of the foregoing, the Joint Motion for

Temporary Economic Reinstatement is GRANTED. 

Accordingly, pursuant to the terms of the parties’ agreement, Respondent is ORDERED 

to economically reinstate Michael Salvo, as specified in the Joint Motion, as approved herein. 

The parties are FURTHER ORDERED to comply with all of the individual provisions the 

parties agreed upon and included in the Joint Motion.

As set forth in the parties’ Joint Motion, this Order Granting Temporary Economic 

Reinstatement is not open-ended. If MSHA determines that there is insufficient evidence to 

proceed on Salvo’s discrimination complaint, this order will terminate on the date of MSHA’s 

determination. See N. Fork Coal Corp. v. FMSHRC, 691 F.3d 735, 744-46 (6th Cir. 2012); 

Vulcan Constr. Materials, L.P. v. FMSHRC, 700 F.3d 297, 309 (7th Cir. 2012). Otherwise, it 

will end upon final order on the underlying discrimination complaint. 30 U.S.C. § 815(c)(2). 

Therefore, the Secretary must promptly determine whether or not he will file a complaint with 

the Commission under section 105(c)(2) of the Act and so advise the Respondent and this 

tribunal. 

L. Zane Gill 

Administrative Law Judge

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Distribution:

Michael Salvo, 1320 Amber Way, Elko, NV 89801 blue472@yahoo.com

Jessica M. Flores, Esq., U.S. Department of Labor, Office of the Solicitor, 90 7th St, Ste 3-700, 

San Francisco, CA 94103 flores.jessica@dol.gov

David L. Zwisler, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 2000 S Colorado Blvd, 

Tower 3, Ste 900, Denver, CO 80222 david.zwisler@ogletree.com

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