Ezel / Agency Decisions / kent-87-29-d-alj
FMSHRC ALJ decision Docket KENT 87-29-D Decided August 31, 1987 Settled Judge Avram Weisberger

Big Elk Creek Coal Company

Big Elk Creek Coal Company (FMSHRC KENT 87-29-D): Discrimination proceeding dismissed after settlement

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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

Little Shepherd brought a discrimination proceeding against Big Elk Creek Coal Company. The parties and their attorneys signed an agreed order on August 27, 1987, setting out the settlement terms that resolved the matter. Judge Avram Weisberger approved the settlement, ordered the parties to comply with the agreed order, and dismissed the case.

Decision snapshot

  • Cited standard(s): None stated in the release.
  • Outcome: The settlement was approved and the discrimination proceeding was dismissed.
  • Key point: An agreed settlement order resolved the proceeding when the parties accepted its terms.

Full text (FMSHRC public release)

CCASE:
LITTLE SHEPHERD V. BIG COAL
DDATE:
19870831
TTEXT:

Page 2

~1529

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

LITTLE SHEPHERD, DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 87-29-D

BIG ELK CREEK COAL COMPANY, BARB CD 86-84
RESPONDENT No. 2 Deep Mine

                          ORDER OF DISMISSAL

 On August 27, 1987, Respondent filed an Agreed Order

executed by Respondent's Counsel, Complainant's Counsel and
Complainant. The Agreed Order set forth the terms of the
settlement which disposes of this matter. I approve of the terms
of the settlement.

 Accordingly, it is ORDERED that the Parties comply with the

terms and provisions of the Agreed Order filed on August 27,
1987. It is further ORDERED that this case be DISMISSED.

                             Avram Weisberger
                             Administrative Law Judge

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