Ezel / Agency Decisions / KENT 80-145-D

Kentucky Carbon Corporation (ALJ decision, April 20, 1982)

Kentucky Carbon Corporation (FMSHRC KENT 80-145-D): Discharge claim settled for $10,000

Decision type
ALJ decision
Docket
KENT 80-145-D
Decided
April 20, 1982
Presiding judge
James A. Broderick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-10-21
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1982 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 1982
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
Under the 40-day rule in 30 U.S.C. § 823(d)(1), an ALJ decision becomes the Commission's final decision if no timely review is directed. This settlement order followed an earlier Commission remand, and no later Commission review of this order appears in the official index. It 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 Commission had remanded Kentucky Carbon's discrimination case to determine monetary relief for miner Bobby Gooslin after his discriminatory discharge. Kentucky Carbon, Gooslin, and the Secretary jointly asked the judge to approve a settlement. The company agreed to pay Gooslin $10,000 for back pay, interest, and other monetary benefits. Judge James A. Broderick found the settlement in Gooslin's best interest, approved it, and dismissed the case with prejudice subject to payment.

Decision snapshot

  • Cited standard(s): No specific mine safety standard identified in this settlement order.
  • Outcome: $10,000 settlement approved; proceeding dismissed with prejudice subject to payment.
  • Key point: The settlement resolved the monetary-relief question left open by the Commission's remand.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. KENTUCKY CARBON
DDATE:
19820420
TTEXT:
~716

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECRETARY OF LABOR,
Complaint of Discharge,
MINE SAFETY AND HEALTH
Discrimination, or Interference
ADMINISTRATION (MSHA),
Docket No. KENT 80-145-D
ON BEHALF OF
BOBBY GOOSLIN,
Calloway No. 1 Mine
COMPLAINANT v.

KENTUCKY CARBON CORPORATION,
RESPONDENT

ORDER APPROVING SETTLEMENT AGREEMENT
AND DISMISSING PROCEEDING

This proceeding was remanded by the Commission to determine the monetary relief to which Complainant Bobby Gooslin is entitled because of his discriminatory discharge by Respondent. Following an order to the parties issued on February 5, 1982, a joint motion was filed by the Secretary, Bobby Gooslin and Respondent to dismiss the proceeding and approve a settlement. Respondent has agreed to pay Mr. Gooslin the sum of $10,000 in full settlement of his claim to back pay, interest and other monetary benefits arising from his discharge on October 1, 1979. Mr. Gooslin was represented in this proceeding by Mary Lu Jordan, Esq., Attorney for the United Mine Workers of America, who represents that she explained the nature and amount of the settlement and that he agreed to accept the same. Each party agreed to bear its own fees and expenses.

Having duly considered the matter, I conclude that the settlement is in Mr. Gooslin's best interest and should be approved.

Therefore, IT IS ORDERED that the settlement agreement filed herein on April 15, 1982, is APPROVED.

IT IS FURTHER ORDERED that subject to the payment by Respondent to Bobby Gooslin of $10,000 this proceeding is DISMISSED with prejudice.

James A. Broderick
Administrative Law Judge

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