**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

 

 
| SECRETARY OF  LABOR

  MINE SAFETY  AND HEALTH        

  ADMINISTRATION  (MSHA), 

  on behalf of  JASON HARGIS,

                            Complainant,

 

                        v.

 

VULCAN  CONSTRUCTION MATERIALS, LLC,

                            Respondent                                                                                       |   |   | TEMPORARY  REINSTATEMENT PROCEEDING

 

Docket No. SE 2021-0163

MSHA Case No.:  BARB-CD-2021-02

 

 

 

 

Mine: Wilson  County Quarry

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) of the Act. 

 

 

 

 

/s/Michael G. Young

Michael G. Young

                                                                                    AdministrativeLaw Judge

 

 

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)