FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

1331 PENNSYLVANIA AVE., N.W., SUITE 520N

WASHINGTON, DC 20004-1710

TELEPHONE: 202-434-9900 / FAX: 202-434-9949

 September 28, 2022 

 

ORDER GRANTING JOINT MOTION TO APPROVE TEMPORARY ECONOMIC 

REINSTATEMENT AGREEMENT

Before: Judge McCarthy

This matter is before me on the Secretary of Labor’s Application for Temporary 

Reinstatement filed on behalf of miner George Rice pursuant to Section 105(c) of the Federal 

Mine Safety and Health Act of 1977, 30 U.S.C. § 801, et seq., as amended (“Mine Act”), and 29 

C.F.R. § 2700.45. On September 26, 2022, I issued an Amended Order granting temporary 

physical reinstatement to Rice. On September 28, 2022, the parties filed a Joint Motion to 

Approve a Temporary Economic Reinstatement Agreement (“Motion”).

The Agreement is “retroactive to September 22, 2022” and will “remain in effect until 

and through October 21, 2022.” Should Nally & Hamilton want Rice “to physically return to 

work on Monday, October 24, 2022, or at any date thereafter, Nally & Hamilton shall inform 

Rice in writing no less than five (5) days prior to the date it expects Rice to physically return to 

work that it elects its option for him to physically return to work pursuant to the September 26, 

2022 Amended Order Granting Temporary Reinstatement issued by Judge McCarthy, rather than 

receive the economic temporary reinstatement benefits provided under this Economic TR 

Agreement.” 

Unless Nally & Hamilton exercises its option to have Rice physically return to work after 

October 21, 2022, “then the Economic Temporary Reinstatement of Rice shall remain in effect 

until the entry of a final order of the Federal Mine Safety & Health Review Commission (“the 

Commission”) regarding Rice’s underlying discrimination complaint (MSHA Case No. BARBCD-2022-03) or until the ALJ’s order approving this Agreement is dissolved, whichever shall 

occur first - with the exception that the parties may agree to extend this Agreement until another 

date certain.” 

SECRETARY OF LABOR

MINE SAFETY AND HEALTH 

ADMINISTRATION (MSHA) on behalf of 

GEORGE RICE,

 Complainant 

 v. 

NALLY & HAMILTON ENTERPRISES, 

 Respondent 

TEMPORARY REINSTATEMENT

PROCEEDING

Docket No. KENT 2022-0118 

MSHA Case No. BARB-CD-2022-03 

Mine: Meadow Branch Mine

Mine ID: 15-19890 
2 

The full terms and conditions of the parties’ economic reinstatement agreement are 

hereby incorporated by reference. I have reviewed the joint settlement motion and I conclude 

that the proposed economic reinstatement agreement is fair, reasonable, appropriate, and protects 

the public interest because it will further the intent and purpose of the Mine Act.

For the foregoing reasons, my Amended Order issued September 26, 2022 is hereby 

MODIFIED to reflect the terms of the economic reinstatement agreement described by the 

parties in their Motion. The parties are ORDERED to comply with all of the terms and 

conditions contained therein. 

This Order approving temporary economic reinstatement expires consistent with the 

terms of the parties’ agreement. 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. 

 

 

Thomas P. McCarthy 

 Administrative Law Judge

Distribution: 

Thomas Hamilton

Nally & Hamilton Enterprises 

Saltsman Willett Deton & Hamilton, PSC

212 E. Stephen Foster Avenue 

Bardstown, KY 40004 

sth@ky-atty.com 

Joseph Mattingly 

JOSEPH H. MATTINGLY, PLLC

P.O. Box 678 - 104 West Main Street

Lebanon, Kentucky 40033 

joe@mattinglylawoffices.com 

Tony Oppegard 

P.O. Box 22446 

Lexington, KY 40522 

tonyoppegard@gmail.com 

Wes Addington 
3 

Appalachian Citizens’ Law Center

317 Main Street 

Whitesburg, KY 41858 

wes@aclc.org 

Jennifer M. Tag 

Office of the Solicitor

U. S. Department of Labor 

618 Church Street 

Suite 230 

Nashville, Tennessee 37219 

Tag.Jennifer.M@dol.gov 

/vgr