Vulcan Constr. Materials, L.P. v. Fed. Mine Safety & Health Review Comm’n

In 2010, Dunne filed a discrimination complaint under 30 U.S.C. 815(c)(2), with the Mine Safety and Health Administration, a division of the Department of Labor, claiming that had terminated his employment for engaging in protected safety-related. The Secretary of Labor determined that the complaint was not frivolously brought, and Vulcan agreed to a temporary (economic) reinstatement pending a determination on the merits. The Secretary later determined not to prosecute Dunne’s complaint before the Federal Mine Safety and Health Review Commission and Vulcan moved to dissolve the reinstatement order. The Commission denied Vulcan’s motion. The Seventh Circuit reversed, in favor of Vulcan, which argued that the term “complaint” in the statutory phrase “final order on the complaint,” refers only to the complaint brought by the Secretary after she determines that section 815(c) has been violated. Placement of the temporary reinstatement provision in the same subsection that describes the Secretary’s investigation, merits determination, and complaint, suggests that Congress meant for temporary reinstatement to continue only during the Secretary’s involvement. View "Vulcan Constr. Materials, L.P. v. Fed. Mine Safety & Health Review Comm'n" on Justia Law