Judge orders Massey Mines to give miner his job back

[Enrique]

Source: Wall Street Journal

http://online.wsj.com/article/SB10001424052748703509404575301241514374322.html?mod=googlenews_wsj

A former Massey Energy Co. miner who filed a whistleblower complaint with the Labor Department has been temporarily reinstated to his job.

Ricky Lee Campbell alleged that he was fired after he made comments about conditions at two of the company's mines, including the Upper Big Branch Mine in Montcoal, W.Va., where 29 miners were killed in April.

Federal administrative law judge L. Zane Gill found that "the evidence of the timing and tone of management actions" was sufficient "to reasonably believe that management's actions were, at least in part, a reaction to Campbell's safety complaints."

The Labor Department has until July 26 to file a complaint seeking permanent reinstatement for Mr. Campbell.

Massey said in a statement Friday that it wasn't surprised by the judge's order. "Miners who raise concerns are often reinstated until there can be a full and final hearing on the merits of their claim," said Jeff Gillenwater, a Massey spokesman. "Ricky Lee Campbell was terminated for acting unsafely and not for raising safety concerns."

Mr. Gillenwater had previously said that Mr. Campbell's claims are "completely without merit" and that all Massey employees "are encouraged to raise any concerns and suggestions about safety."

(...)

Read more: http://online.wsj.com/article/SB10001424052748703509404575301241514374322.html?mod=googlenews_wsj

[BarbaRosa]

1. One can only imagine what kind of jobs he's going to be assigned.

:puke:

[Lugnut]

4. Yep.

Massey will do everything they can to make his life miserable.

[barbtries]

2. mr gillenwater lies

wants to keep his job.

[defendandprotect]

3. Hey -- Yahoo is letting us know today there are JOBS OPEN IN MINING --!!!

"a little dangerous" -- but if you need a job!!

Oops! article disappeared . . .

[davidinalameda]

8. they're hiring in my neck of the woods

[defendandprotect]

10. "How Green Is My Valley" . . .

When I first saw that movie, it was like reading Dickens . . .

the Enlightenment came and it was over!!

Not quite!!

[Omaha Steve]

5. A Federal administrative law judge ruled against me when I was fired illegally

That was appealed to the NLRB. They overturned his ruling. The company appealed that. My case was upheld in Federal Appeals Court (St. Louis)

K&R!

[Heywood J]

6. Who would want that job back?

They're probably making book on his remaining lifespan.

[davidinalameda]

9. there's not a lot of choices in that area

if you have to feed your family, you take what you can get

why else do you think that so many people end up in mining

[Heywood J]

12. I guess...

I understand about mining and the area, but that's really not saying much about the area where the only available option is going back to a job where the bosses are likely to assign you the most dangerous/deadly work available (in a very dangerous job) as retribution. I can't imagine his life expectancy will be longer than a year or so.

Massey didn't seem to have a problem when many people died. It doesn't seem one more body will make a difference to them, especially if it shuts up a whistleblower. God, that's a grim situation to find yourself on the business end of.

[Papa Boule]

7. He's lucky. President Obama doesn't like tattletales. n/t

[christx30]

11. This is the part that raised a flag with me:

"Ricky Lee Campbell was terminated for acting unsafely and not for raising safety concerns."

Yeah... because someone that is raising safety concerns is going to be exactly the kind of person that is going to be acting unsafe on the job site. One minute he is going to be talking about lack of ventilation and support structures in one area, and the next thing you know, he's going to be using a piece of wood as a surf board riding on mining cars. It's crazy how these whistle blowers act, right? :sarcasm: