Ezel / Agency Decisions / KENT 88-179-D

Herbert M. King v. Shamrock Coal Company (ALJ decision, April 14, 1989)

Herbert M. King v. Shamrock Coal Company (FMSHRC KENT 88-179-D): Discrimination settlement approved

Decision type
ALJ decision
Docket
KENT 88-179-D
Decided
April 14, 1989
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-17
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1989 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 1989
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 order, not Commission precedent
This decision by an FMSHRC Administrative Law Judge became the final decision of the Commission 40 days after issuance because the Commission did not direct review (30 U.S.C. § 823(d)(1)). It binds the parties but is not binding on the Commission in other cases. 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

Herbert M. King brought a discrimination proceeding against Shamrock Coal Company involving No. 10 Mine. The parties jointly asked the judge to approve a settlement and dismiss the case. Judge William Fauver found the settlement consistent with the purposes of the Mine Act, approved it, and dismissed the proceeding. The release does not state the settlement's terms.

Decision snapshot

  • Cited standards: None stated in the release
  • Outcome: The settlement was approved and the discrimination proceeding was dismissed.
  • Key point: The order resolved the case through an approved settlement, but the release does not disclose its terms.

Full text (FMSHRC public release)

CCASE:
HERBERT M. KING V. SHAMROCK COAL
DDATE:
19890414
TTEXT:

Page 2

~638
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

HERBERT M. KING,
DISCRIMINATION PROCEEDING
COMPLAINANT
Docket No. KENT 88-179-D
v. MSHA Case No. BARB CD 88-27

SHAMROCK COAL COMPANY,
No. 10 Mine
RESPONDENT

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

The parties have moved for approval of a settlement and a dismissal of this case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the purposes of the Act.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

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