Big Elk Creek Coal Co., Inc. (ALJ decision, October 28, 1987)

Plain-English summary

Arnold Sharp's discrimination proceeding against Big Elk Creek Coal Company was before Administrative Law Judge William Fauver. Sharp's counsel asked for an attorney's fee, and the company did not object to the proposed fee. The judge granted the motion and ordered the company to pay $1,725 to Sharp's counsel within 15 days. The judge also made the July 22, 1987 decision, the September 15, 1987 supplemental decision, and this order final.

Decision snapshot

• Governing provisions: 30 U.S.C. § 823(d)(1)
• Outcome: The motion for an attorney's fee was granted, with payment of $1,725 ordered within 15 days.
• Key point: The fee order, together with the earlier decisions, was made final and constituted the judge's final disposition of the proceeding.

Full text (FMSHRC public release)

CCASE:
ARNOLD SHARP V. BIG CREEK
DDATE:
19871028
TTEXT:

Page 2

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

ARNOLD SHARP,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 86-149-D v.
BARB CD 86-49
BIG ELK CREEK COAL CO., INC.,
RESPONDENT

Appearances: Leon L. Hollon, Esq., Hazard, Kentucky, for the Complainant;
Stephen C. Cawood, Esq., Pineville, Kentucky, for the Respondent.

FINAL ORDER

Before: Judge Fauver

Counsel for Complainant has moved for an Order awarding an attorney's fee, and Respondent has no objection to the proposed fee.

WHEREFORE IT IS ORDERED that:

1. The Motion for an attorney's fee is GRANTED, and Respondent shall pay the attorney's fee of $1,725.00 to Counsel for Complainant within 15 days from the date of this Order.

2. The Decision of July 22, 1987, and the Supplemental Decision of September 15, 1987, along with this Order are hereby made FINAL and constitute my final disposition of this proceeding under section 113(d)(1) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq.

William Fauver
Administrative Law Judge