Ezel / Agency Decisions / CENT 85-99-D

Secretary of Labor on behalf of Barry L. Weaver v. Alpine Construction Company (ALJ decision, March 21, 1986)

Weaver v. Alpine Construction Company (FMSHRC CENT 85-99-D): Discrimination claim settled for back pay

Decision type
ALJ decision
Docket
CENT 85-99-D
Decided
March 21, 1986
Presiding judge
Michael A. Lasher, Jr.
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-20
Cited standards
30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1986 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1986
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This settlement order became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not Commission precedent. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary brought a mine discrimination proceeding on behalf of Barry L. Weaver against Alpine Construction Company. The parties agreed to settle all of Weaver's claims without the company admitting a violation. Alpine agreed to pay him $3,746.68 in back wages and interest; Weaver waived reinstatement and the right to reapply, and the Secretary waived a civil penalty. Judge Michael A. Lasher Jr. approved the agreement and dismissed the proceeding. He ordered payment within 30 days.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c), the Mine Act's discrimination provision.
  • Outcome: Settlement approved; $3,746.68 in back wages and interest ordered; case dismissed without a civil penalty.
  • Key point: The agreement resolved the claim without an admission of a violation or reinstatement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ALPINE CONSRUCTION
DDATE:
19860321
TTEXT:
~

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. CENT 85-99-D
ON BEHALF OF
BARRY L. WEAVER,
Alpine No. 4/7 Mine
COMPLAINANT
Jerrett Canyon Project v.

ALPINE CONSTRUCTION COMPANY,
RESPONDENT

DECISION AND ORDER APPROVING
SETTLEMENT AND DISMISSING PROCEEDING

Before: Judge Lasher

The parties have reached an agreement in the above proceeding, the intent of which is to settle all of Complainant's claims. Pursuant thereto, Respondent, without admitting a violation, agrees to pay Barry L. Weaver the sum of $3,746.68 as back wages and interest, Mr. Weaver waives any right to reinstatement and to reapply for employment with Respondent, and the Secretary waives assessment of a civil penalty.

The settlement appearing reasonable and just in the premises, the same is approved.

ORDER

(1) On or before 30 days from the date hereof, Respondent shall pay Barry L. Weaver the sum of $3,746.68.

(2) This proceeding is dismissed.

Michael A. Lasher, Jr.
Administrative Law Judge

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