Felix T. Carrasco v. Eddy Potash, Incorporated (ALJ decision, September 26, 1994)

Felix T. Carrasco v. Eddy Potash, Incorporated (FMSHRC CENT 94-40-DM): Discrimination case dismissed after settlement

Decision type

ALJ decision

Docket

CENT 94-40-DM

Decided

September 26, 1994

Presiding judge

John J. Morris

Outcome

Settled

Precedential status

Final order, not precedent

Checked against source

2026-08-13

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 1994 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.

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

Felix T. Carrasco filed a discrimination complaint against Eddy Potash, Incorporated under the Mine Act. After a hearing began, the parties reached an amicable settlement. The judge found that the settlement furthered the purposes of the Mine Act, ordered the transcript sealed, and dismissed the case.

Decision snapshot

Cited standard(s): 30 U.S.C. § 815(c)
Outcome: The settlement was approved, the hearing transcript was sealed, and the discrimination case was dismissed.
Key point: The ALJ accepted the parties' settlement as consistent with the Mine Act.

Full text (FMSHRC public release)

CCASE:
FELIX CARRASCO V. EDDY POTASH INC.
DDATE:
19940926
TTEXT:

Page 2

~1962

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1244 SPEER BOULEVARD #280
DENVER, CO 80204-3582
(303) 844-5267/FAX (303) 844-5268

September 26, 1994

FELIX T. CARRASCO,
: DISCRIMINATION PROCEEDING
Complainant :
: Docket No. CENT 94-40-DM
v. :
: SC MD 93-05
EDDY POTASH, INCORPORATED, :
Respondent : Eddy Potash Mine

DECISION

Appearances: E. Justin Pennington, Esq., Albuquerque, New Mexico, for Complainant;

W. T. Martin, Jr., Esq., Carlsbad, New Mexico for Respondent.

Before: Judge Morris

This case is based on a discrimination complaint filed pur- suant to Section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 815(c), (the "Act").

After notice to the parties, a hearing commenced on Au- gust 9, 1994, in Carlsbad, New Mexico.

At the hearing the parties reached an amicable settlement.

Further, counsel recited the terms of the settlement and both parties requested that the transcript of the hearing be sealed and the case dismissed.

The Judge finds the settlement is in furtherance of the Mine Act.

Accordingly, the transcript of the proceedings is hereby sealed and the case is DISMISSED.

John J. Morris
Administrative Law Judge

Distribution:

Page 3

E. Justin Pennington, Esq., 3700 Rio Grande Boulevard, NW, Suite
2, Albuquerque, NM 87107-3042 (Certified Mail)

W.T. Martin, Jr., Esq., 509 West Pierce Street, P.O. Box 2168,
Carlsbad, NM 88221-2168 (Certified Mail)

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