Ezel / Agency Decisions / CENT 89-162-DM

Ideal Basic Industries, Inc. (ALJ decision, July 15, 1991)

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

Decision type
ALJ decision
Docket
CENT 89-162-DM
Decided
July 15, 1991
Presiding judge
John J. Morris
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-16
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 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

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