Ezel / Agency Decisions / KENT 83-38-D

Secretary of Labor (MSHA) on behalf of Shelby Eperson v. Jolene, Inc. (ALJ decision, October 6, 1983)

Secretary of Labor (MSHA) on behalf of Shelby Eperson v. Jolene, Inc. (FMSHRC KENT 83-38-D): Three dates corrected in ALJ decision

Decision type
ALJ decision
Docket
KENT 83-38-D
Decided
October 6, 1983
Presiding judge
Gary Melick
Outcome
Procedural
Precedential status
Reviewed by the Commission
Checked against source
2026-10-21
Cited standards
29 C.F.R. § 2700.65(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

What's the rule today?

This ALJ decision was superseded by the Commission's decision in the same case. Ezel starts from the controlling decision and answers your situation under current law, with citations.

Currency note: this decision dates from 1983
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.
ALJ decision, later reviewed by the Commission
This decision was issued by an FMSHRC Administrative Law Judge, but it was not the final word in the case: the Commission directed review, and the Commission's decision is the one citable as precedent.
Read the Commission's decision in this case
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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

An administrative law judge issued a corrective order in Shelby Eperson's discrimination case against Jolene, Inc. The order changes one month on page 4 of the earlier decision from February to September. It also changes two dates on page 7: September 6, 1983 to September 6, 1982, and May 28, 1983 to May 18, 1983. The order does not change the earlier decision's ruling or grant new relief.

Decision snapshot

  • Governing rule: 29 C.F.R. § 2700.65(c), cited for correcting the earlier decision.
  • Outcome: Three date references corrected in the September 30, 1983 decision.
  • Key point: This order corrects the text of an earlier ruling without deciding the discrimination claim again.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

October 6, 1983

SECRETARY OF LABOR
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
on behalf of
SHELBY EPERSON,
Complainant v.
JOLENE, INC.,
Respondent

DISCRIMINATION PROCEEDINGS
Docket No. KENT 83-38-D
Jolene No. 1 Mine

CORRECTIVE ORDER

Pursuant to Commission Rule 65(c), 29 CFR § 2700.65(c), the decision in this case issued September 30, 1983, is hereby corrected as follows:

1. Page 4, paragraph 3, line 1:
The word "February" is hereby corrected to read "September".

2. Page 7, paragraph 1, line 4:
The date "September 6, 1983" is hereby corrected to read "September 6, 1982".

3. Page 7, paragraph 2, line 1:
The date, "May 28, 1983" is hereby corrected to read "May 18, 1983".

Gary Melick
Assistant Chief Administrative Law Judge

Distribution (by certified mail):

Bernard Pafunda, Esq., Deskins and Pafunda, 105 1/2 Division
Street, P.O. Box 799, Pikeville, KY 41501

Darryl A. Stewart, Esq., Office of the Solicitor, U.S.
Department of Labor, 280 U.S. Courthouse, 801 Broadway,
Nashville, TN 37203

Thomas Mascolino, Esq., Office of the Solicitor, U.S. De-
partment of Labor, 4015 Wilson Boulevard, Arlington, VA
22203

nsw

1749

What controls your case today?

The Commission reviewed this case, and its decision is the one that controls. Ezel starts there and answers your situation under current law, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace