Complaints of Discharge, Discrimination or Interference

A discrimination proceeding is a case that involves a miner’s allegation that he or she has suffered a wrong by the operator because he or she engaged in some type of activity protected under the Mine Act, such as making a safety complaint. When a miner believes that discrimination has occurred, he or she has 60 days after the operator’s allegedly discriminatory act to file a complaint with the Secretary.

Within 15 days of receiving the complaint, the Secretary must begin an investigation into the matter. Within 90 days of receiving the complaint, the Secretary must inform the miner in writing whether the government believes discrimination has occurred. If the Secretary believes that discrimination has occurred, the Secretary must file a written complaint with the Commission within 30 days of that written determination. The Secretary then proceeds with the case on behalf of the miner.

If the Secretary believes that no discrimination has occurred, the miner may file a complaint on his or her own behalf with the Commission within 30 days of the Secretary’s written determination. The complaint shall include a summary of the facts, including the alleged discrimination, and the relief requested.

The following chart summarizes the procedures when a complaint of discrimination is filed. All references to Commission rules are to 29 C.F.R. Part 2700.

COMPLAINTS OF DISCHARGE, DISCRIMINATION OR INTERFERENCE

1 2 3 4 5 6
Filing of complaint with the Secretary Filing of complaint by the Secretary Complaint by the Miner or Representative of Miners Contents of Complaint Answer Petition for Assessment of Penalty
60 calendar days after violation 30 calendar days after Secretary’s written determination of violation 30 calendar days after written determination of no violation Short and plain statement of facts describing discrimination

Relief requested

 30 calendar days after service of complaint At the time of the Secretary's complaint; or 45 days after notice to the Secretary of Judge’s decision sustaining miner's complaint
30 U.S.C. §815(c)(2) 29 C.F.R.
§ 2700.40(a)
§ 2700.41(a)		 § 2700.40(b)
§ 2700.41(b)		 § 2700.42 § 2700.43 § 2700.44
  1. Within 60 calendar days of a violation, any miner, or representative of miners, who believes he has been discharged, interfered with, or discriminated against in violation of the Mine Act, may file a complaint with the Secretary. The Secretary shall commence an investigation within 15 calendar days of receipt of the complaint. Within 90 calendar days of receipt of the complaint, the Secretary shall notify the miner, or representative of miners, of his determination of whether a violation has occurred.

  2. The Secretary must file a discrimination complaint with Commission, containing a short and plain statement of the facts setting forth the discrimination alleged and the relief requested, within 30 calendar days of the written determination that a violation has occurred.

  3. A discrimination complaint, containing a short and plain statement of the facts setting forth the discrimination alleged and the relief requested, by a miner, representative of miners, or applicant for employment must be filed with the Commission within 30 calendar days of the Secretary's determination that no violation has occurred.

  4. A discrimination complaint must contain a short and plain statement of the facts setting forth the alleged discrimination and the relief requested.

  5. Within 30 calendar days after service of the complaint, the respondent must file an answer responding to each allegation in the complaint.

  6. The Secretary's complaint must include a proposed penalty and supporting reasons; or within 45 calendar days after a Judge’s notification of the Secretary that the Judge has sustained a miner's discrimination complaint, the Secretary must file a proposed penalty.



Return to Table of Contents