Lamar Mining Company and Larry Williams, Graham Martin and Williams & Martin Coal Co. (ALJ decision, February 26, 1987)

Plain-English summary

Danny Johnson filed a Mine Act discrimination proceeding against Lamar Mining Company, Larry Williams, Graham Martin, and Williams & Martin Coal Company. The parties reached a settlement requiring the operator to pay Johnson $5,000 in four equal installments, with the final payment due May 18, 1987. Judge Paul Merlin found that the settlement was consistent with the purposes of the Federal Mine Safety and Health Act. He approved the settlement, granted Johnson's motion to withdraw the complaint, and dismissed the case.

Decision snapshot

• Governing provision: 30 U.S.C. § 815(c)
• Outcome: The settlement was approved, the complaint was withdrawn, and the discrimination proceeding was dismissed.
• Key point: The ALJ accepted a payment-based settlement as consistent with the purposes of the Mine Act.

Full text (FMSHRC public release)

CCASE:
DANNY JOHNSON v. LAMAR MINING
DDATE:
19870226
TTEXT:

Page 2

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

DANNY JOHNSON,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 87-68-D

LAMAR MINING COMPANY AND
BARB CD 87-04

LARRY WILLIAMS,
Lotts Creek Strip Mine

GRAHAM MARTIN AND

WILLIAMS & MARTIN COAL CO.,
RESPONDENT

ORDER APPROVING SETTLEMENT

ORDER OF DISMISSAL

Before: Judge Merlin

The Complainant has filed a motion to withdraw his complaint and dismiss this proceeding on the grounds that a settlement has been reached with the operator. The settlement agreement requires the operator to pay $5,000 to the Complainant in four equal installments, the final payment to be made May 18, 1987.

The settlement is Approved as it is in accord with the purposes of the Federal Mine Safety and Health Act of 1977.

Accordingly, the motion to withdraw is GRANTED and this case is DISMISSED.

Paul Merlin
Chief Administrative Law Judge