Review Commission Judge Michael Zielinski ordered 3M Co. to reinstate a miner who was discharged after two managers found him sleeping in his haul truck. In his November 25,2002 decision, ALJ Zielinski found "reasonable cause to believe" that 3M discriminated against the miner for his protected safety activities as a safety committeeman and union officer. He ordered the miner's temporary reinstatement pending the completion of MSHA's investigation and a final decision of the merits of his discrimination complaint. 3M immediately asked the Review Commission to suspend enforcement of the ALJ's order and to review the ruling. The company objected to reinstating a worker "found intentionally sleeping on the job during overtime working hours in violation of a clear and known work rule …and discharged in accordance with a consistent and documented past practice."
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