The miner, whose name has not been released, has claimed he was fired for meeting with US Mine Safety and Health Administration officials.
Alpha claims the miner was fired because he threatened to “shoot” members of the mine’s management team.
The commission said Wednesday that an administrative law judge had issued an order to Alpha’s Knox Creek June 20 to place the miner, whose name was not released, back into his position at the Tiller No. 1 underground operation in Kentucky.
The worker is to be reinstated at the “rate of pay for the same number of hours worked, and with the same benefits, as at the time of his discharge,” the ALJ said.
According to the federal agency, the worker had reported to the US Mine Safety and Health Administration three times that the operator had failed to comply with safety regulations.
He reported in February of this year that the producer had not sufficiently trained workers and did not properly document the training that had been performed.
“He reported in particular that the company had not properly trained a newly hired miner it assigned the task of rock-dusting, which is a critical safety operation in an underground coal mine and is used to prevent explosions caused by coal dust,” the commission said.
“The miner also told MSHA that Knox Creek had not made sure that the rock-dusting equipment was working properly.”
He again reported to MSHA in April that management at Tiller No. 1 was engaging in the criminal offense of advance notification of inspectors on mine property.
“Knox Creek fired the miner less than one week after discovering that he had met multiple times with MSHA investigators,” according to the claim.
“The miner filed a charge of discrimination with FMSHRC alleging that the Company retaliated against him for engaging in activities protected by the Mine Safety Act.”
The reinstatement was decided at last week’s preliminary hearing.
Alpha spokesman Ted Pile said its Knox Creek subsidiary is disputing the allegation of discrimination and confirmed the details of the miner’s discharge.
“The sole reason that this individual’s employment was terminated was that he threatened to shoot several members of mine management,” he said.
“The miner’s claim is currently under investigation by MSHA, which has not yet determined whether the claim has merit.
“If MSHA concludes from its investigation that the claim has merit, then the claim will be tried before an administrative law judge.
Pile said MSHA’s regulations provided temporary reinstatement for those miners who claimed discrimination if an ALJ determined the claim was not “frivolously brought”
“At this stage of the proceedings, the ALJ is prohibited from even considering the merits of the miner’s claims or the credibility of the witnesses,” he said.
