Ezel / Agency Decisions / KENT 86-131-D

Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan (ALJ decision, January 6, 1987)

Terco, Inc. and others (FMSHRC KENT 86-131-D): Settlement-based dismissal approved

Decision type
ALJ decision
Dockets
KENT 86-131-D, KENT 86-132-D
Decided
January 6, 1987
Presiding judge
Gary Melick
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-22
Cited standards
29 C.F.R. § 2700.11
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1987 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 1987
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 discrimination proceedings involving Robert B. Corbin and James Corbin against Terco, Inc., Randal Lawson, Terry McCreary, and Matthew Logan. With the individual complainants' consent, the Secretary asked to withdraw both complaints because the parties had reached a mutually agreeable settlement. Judge Gary Melick granted permission to withdraw the complaints under 29 C.F.R. § 2700.11. The two proceedings were dismissed.

Decision snapshot

  • Cited rule: 29 C.F.R. § 2700.11
  • Outcome: Both discrimination proceedings were withdrawn with the complainants' consent and dismissed after settlement.
  • Key point: The judge approved withdrawal when the parties resolved the complaints by settlement.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. TERCO
DDATE:
19870106
TTEXT:

Page 2

~24

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

SECRETARY OF LABOR, DISCRIMINATION PROCEEDINGS MINE SAFETY AND HEALTH ADMINISTRATION (MSHA), Docket No. KENT 86-131-D ON BEHALF OF ROBERT B. CORBIN AND BARB 86-27 JAMES CORBIN, COMPLAINANTS Docket No. KENT 86-132-D v. BARB 86-42 TERCO, INC., RANDAL LAWSON, TERRY MCCREARY, AND MATTHEW LOGAN, RESPONDENTS

ORDER OF DISMISSAL

Appearances: W.F. Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, Nashville, Tennessee for Complainants; Carlos Morris, Esq., Barbourville, Kentucky, for Respondents.

Before: Judge Melick

The Complainant, Secretary of Labor, with the consent of the individual Complainants, James Corbin and Robert Corbin, requests approval to withdraw his complaints in the captioned cases on the grounds that the parties have reached a mutually agreeable settlement. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. The cases are therefore dismissed.

Gary Melick
Administrative Law Judge

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