Ezel / Agency Decisions / kent-87-51-d-alj
FMSHRC ALJ decision Docket KENT 87-51-D Decided August 26, 1987 Settled Judge Avram Weisberger

Jericol Mining, Inc.

Jericol Mining, Inc. (FMSHRC KENT 87-51-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

Roger Hall filed a discrimination proceeding against Jericol Mining, Inc. involving the Creech No. 2 Mine. Hall moved to dismiss the case after stating that the matter had been settled. Judge Avram Weisberger dismissed the case with prejudice and ordered the stenographic notes and recordings from the June 1987 trial to be destroyed.

Decision snapshot

  • Cited standards: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed with prejudice after the complainant reported a settlement.
  • Key point: A settlement-based motion to dismiss ended the proceeding, and the judge also ordered the trial notes and recordings destroyed.

Full text (FMSHRC public release)

CCASE:
ROGER HALL V. JERICOL MINING
DDATE:
19870826
TTEXT:

Page 2

~1514

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

ROGER HALL, DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 87-51-D
v.
BARB CD 86-80
JERICOL MINING, INC.,
RESPONDENT Creech No. 2 Mine

                           ORDER OF DISMISSAL

Before: Judge Weisberger

 On August 17, 1987, Complainant filed a Motion to Dismiss

predicated upon an assertion that the matter in issue had been
settled.

 Accordingly, it is ORDERED that the above case be dismissed

with prejudice.

 It is further ORDERED that the stenographic notes and

recordings made during the trial of this matter on June 16 Ä 18,
1987, be DESTROYED.

                              Avram Weisberger
                              Administrative Law Judge

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