Ezel / Agency Decisions / KENT 86-55-D

Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation (ALJ decision, September 23, 1987)

Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation (FMSHRC KENT 86-55-D): Discrimination settlement approved for $16,365

Decision type
ALJ decision
Docket
KENT 86-55-D
Decided
September 23, 1987
Presiding judge
Roy J. Maurer
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 approving a settlement, 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

Chaney Creek Coal Corp., B.D.C. Coal Corporation, and Woods Creek Corporation settled James C. Gray, Jr.'s discrimination proceeding. The companies agreed to pay Gray $16,365 and remove references to his discharge from his employment record, while the Secretary waived pre-judgment interest and the civil penalty. Judge Roy J. Maurer approved the agreement and dismissed the proceeding subject to payment.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The settlement was approved and the discrimination proceeding was dismissed subject to payment of $16,365.
  • Key point: The approved settlement resolved the complainant's claim without reinstatement and required the respondents to expunge references to his discharge.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. CHANEY CREEK
DDATE:
19870923
TTEXT:

Page 2

~1690

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

SECRETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. KENT 86-55-D
ON BEHALF OF
JAMES C. GRAY, JR.,
BARB CD 85-47
COMPLAINANT
v.

CHANEY CREEK COAL CORP.,
B.D.C. COAL CORPORATION, AND
WOODS CREEK CORPORATION,
RESPONDENTS

ORDER APPROVING SETTLEMENT
AND DISMISSING PROCEEDING

Before: Judge Maurer

On September 21, 1987, the Secretary submitted a settlement agreement, signed by all parties to this proceeding, including the individual complainant himself, for approval.

By the terms of the settlement agreement, the respondents have agreed to pay to James C. Gray, Jr., the total sum of $16,365 in full and complete settlement of his claim. There is no longer any issue of reinstatement in the case. Respondents have further agreed to expunge from Mr. Gray's record any reference to his discharge in this case. The Secretary of Labor has agreed to waive pre-judgment interest and the civil penalty.

I have considered the agreement in the light of the policies of the Act and conclude that it should be approved.

Accordingly, the settlement agreement IS APPROVED, and, subject to the payment of the agreed amount, $16,365, to Complainant Gray, this proceeding IS DISMISSED.

Roy J. Maurer
Administrative Law Judge

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