Young Brothers Incorporated

Plain-English summary

The Secretary sought a civil penalty for a violation described in a section 107(a) withdrawal order issued at Young Brothers’ Atkins Pit. At the hearing, Young Brothers and the Secretary reached an agreement under which the company would pay $250. Judge Michael A. Lasher, Jr. affirmed the settlement and assessed the agreed penalty. The order required payment within 40 days of the decision.

Decision snapshot

• Cited authority: 30 U.S.C. §§ 817(a) and 820(a)
• Outcome: The settlement was affirmed and a $250 civil penalty was assessed.
• Key point: The ALJ approved the parties’ on-the-record settlement and converted the agreed amount into an assessed penalty.

Full text (FMSHRC public release)

      FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    1244 SPEER BOULEVARD #280
                            DENVER, CO 80204-3582
                      (303) 844-5266/FAX (303) 844-5268
                              January 21, 1993

SECRETARY OF LABOR, : CIVIL PENALTY PROCEEDING
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. CENT 92-46-M
Petitioner : A.C. No. 41-03142-05522
:
v. : Atkins Pit
:
YOUNG BROTHERS INCORPORATED, :
Respondent :

                           DECISION

Appearances: Nancy B. Carpentier, Esq., Office of the Soli-
citor, U.S. Department of Labor, Dallas, Texas,
for Petitioner;
Richard C. Baldwin, Risk Manager, Waco, Texas,
for Respondent.

Before: Judge Lasher

 This proceeding was initiated by the filing of a Complaint

Proposing Penalty by Petitioner on February 3, 1992, pursuant to
Section 110(a) of the Federal Mine Safety and Health Act of 1977,
30 U.S.C. 820(a) seeking assessment of a penalty for a viola-
tion described in Section 107(a) Withdrawal Order No. 3895378
issued May 29, 1991.

 At commencement of hearing in this matter in Abilene, Texas,

on November 17, 1992, the parties conferred and reached an amic-
able resolution of the litigation wherein Respondent agreed to
pay a penalty of $250 for the violation described in the With-
drawal Order. This settlement was approved by my bench order on
the record (T. 4) and such is AFFIRMED here, and the penalty
agreed to is here ASSESSED.
ORDER

 Respondent, if it has not already done so, SHALL PAY to the

Secretary of Labor within 40 days from the issuance date of this
decision the sum of $250.00.
Michael A. Lasher, Jr.
Administrative Law Judge

Distribution:

Nancy Carpentier, Esq., Office of the Solicitor, U.S. Department
of Labor, 525 Griffin Street, Suite 501, Dallas, TX 75202
(Certified Mail)

Mr. Richard C. Baldwin, Risk Manager, P.O. Drawer 1800, Waco, TX
76703 (Certified Mail)

ek