Ezel / Agency Decisions / cent-89-165-dm-alj
FMSHRC ALJ decision Docket CENT 89-165-DM Decided September 10, 1990 Settled Judge Michael A. Lasher, Jr.

Wayne Pulliam, Texas Sand & Gravel, Co., Inc.

Wayne Pulliam, Texas Sand & Gravel, Co., Inc. (FMSHRC CENT 89-165-DM): Discrimination proceeding dismissed after settlement

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This order from 1990 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 1990
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

The Secretary of Labor brought this discrimination proceeding on behalf of Robert Black against Wayne Pulliam and Texas Sand & Gravel. The parties reached a settlement that provided for back-wage payments in installments. After the respondent paid the final installment, the complainant's counsel confirmed that the settlement had been completed. Judge Michael A. Lasher, Jr. dismissed the proceeding.

Decision snapshot

  • Cited standard(s): None identified in the order
  • Outcome: The discrimination proceeding was dismissed after the settlement was completed.
  • Key point: Completion of the agreed back-wage payments resolved the proceeding.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. WAYNE PULLIAM
DDATE:
19900910
TTEXT:

Page 2

~1765
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. CENT 89-165-DM
ON BEHALF OF MD 88-99
ROBERT BLACK,
COMPLAINANT Mansfield Pit & Plant

v.

WAYNE PULLIAM, TEXAS SAND
& GRAVEL, CO., INC.,
RESPONDENT

              ORDER DISMISSING PROCEEDING

Before: Judge Lasher

 The settlement of the parties, providing for back wage

payments in installments, has been consummated by Respondent's
payment of the last installment. Such was confirmed by telephone
by Complainant's counsel on August 21, 1990. The settlement was
approved by my Decision Approving Settlement on April 5, 1990.
Accordingly, the matter having been resolved, this proceeding is
DISMISSED.

                            Michael A. Lasher, Jr.
                            Administrative Law Judge

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