Ezel / Agency Decisions / cent-89-162-dm-alj
FMSHRC ALJ decision Docket CENT 89-162-DM Decided July 15, 1991 Settled Judge John J. Morris

Ideal Basic Industries, Inc.

Ideal Basic Industries, Inc. (FMSHRC CENT 89-162-DM): Discrimination complaint dismissed with prejudice after settlement

Apply this to your situation

This order from 1991 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 1991
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 decision 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

Three employees filed a discrimination complaint against Ideal Basic Industries after the Secretary of Labor withdrew from prosecuting their claim of discriminatory discharge. The complainants and the company settled the matter, and Judge John J. Morris allowed the complainants to withdraw the complaint. The action was dismissed with prejudice, with each party responsible for its own attorneys' fees and costs.

Decision snapshot

  • Governing provision: 30 U.S.C. § 815(c)
  • Outcome: The settled discrimination action was dismissed with prejudice.
  • Key point: After the Secretary withdrew from prosecuting the claim, the individual complainants could pursue and then withdraw their settled action.

Full text (FMSHRC public release)

Page 2

~1102

           Federal Mine Safety and Health Review Commission
                  Office of Administrative Law Judges
                         The Federal Building
                    Room 280, 1244 Speer Boulevard
                           Denver, CO 80204

DONALD NORTHCUTT, GENE MYERS, DISCRIMINATION PROCEEDING
AND TED EBERLE,
COMPLAINANTS Docket No. CENT 89-162-DM
v.
IDEAL BASIC INDUSTRIES, INC., Ada Quarry & Plant
RESPONDENT

                          ORDER OF DISMISSAL

Before: Judge Morris

 HAVING CONSIDERED the Joint Motion to Withdraw Complaint and

Dismiss Action with Prejudice submitted by Complainants Donald
Northcutt, Gene Myers, and Ted Eberle, and

 WHEREAS the Secretary of Labor, in Docket No. CENT 88-142-D,

withdrew from prosecution of these Complainants' claim of
discriminatory discharge, thereby allowing these Complainants to
pursue this claim individually under 30 U.S.C. 815(c), and

 SEEING THAT, with respect to these three Complainants, this

matter has been settled by the parties,

 IT IS HEREBY ORDERED that Complainants Donald Northcuttt,

Gene Myers, and Ted Eberle may withdraw their Complaint and their
action is hereby DISMISSED WITH PREJUDICE, each party to bear his
own attorneys' fees and costs.

                                John J. Morris
                                Administrative Law Judge

Get today's answer for your situation

You just read what one judge decided for one employer in 1991, and it binds only those parties. Ezel checks the current MSHA standards and Commission precedent and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the authority it relies on.