Ezel / Agency Decisions / KENT 87-43-D

Richard Coal Company (ALJ decision, June 2, 1987)

Richard Coal Company (FMSHRC KENT 87-43-D): Discrimination case dismissed under settlement

Decision type
ALJ decision
Docket
KENT 87-43-D
Decided
June 2, 1987
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-21
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

Howard H. Ross and Richard Coal Company jointly reported that all matters in the discrimination case had been settled. The parties agreed that the proceeding should be dismissed with prejudice. Judge Avram Weisberger entered the agreed dismissal.

Decision snapshot

  • Cited provisions: None stated in this order.
  • Outcome: The settled discrimination case was dismissed with prejudice.
  • Key point: A jointly reported settlement can resolve a discrimination proceeding through dismissal with prejudice.

Full text (FMSHRC public release)

CCASE:
HOWARD ROSS V. RICHLAND COAL
DDATE:
19870602
TTEXT:

Page 2

~1007

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

HOWARD H. ROSS,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 87-43-D v.
BARB CD 86-83
RICHARD COAL COMPANY,
RESPONDENT Surface No. 1 Mine

ORDER OF DISMISSAL

On May 20, 1987, Counsel for both Parties jointly filed a settlement in which they indicated that all matters in this case are settled, and that they agreed for a dismissal with prejudice.

Accordingly, it is ORDERED that this case is dismissed with prejudice.

Avram Weisberger
Administrative Law Judge

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