Ezel / Agency Decisions / kent-88-189-d-alj
FMSHRC ALJ decision Docket KENT 88-189-D Decided June 8, 1988 Settled Judge Avram Weisberger

Sandy Fork Mining Company

Sandy Fork Mining Company (FMSHRC KENT 88-189-D): Discrimination proceeding settled and dismissed

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This order from 1988 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 1988
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 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

The Secretary brought a Mine Act discrimination proceeding on behalf of Orville Sparks against Sandy Fork Mining Company. The parties submitted a settlement, which Judge Avram Weisberger approved after considering their stipulation and motions. The judge ordered compliance with any remaining settlement terms and dismissed the case.

Decision snapshot

  • Cited standards: None stated in the release.
  • Outcome: The settlement was approved, the parties were ordered to complete any outstanding terms, and the case was dismissed.
  • Key point: The proceeding ended through an approved settlement and dismissal.

Full text (FMSHRC public release)

CCASE:
SOL V. SANDY FORK MINING
DDATE:
19880608
TTEXT:

Page 2

~720

                              FMSHRC-FCV
                             JUNE 8, 1988

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA), Docket No. KENT 88-189-D
ON BEHALF OF ORVILLE SPARKS,
Complainant BARB CD 87-18
v.
No. 10 Mine
SANDY FORK MINING COMPANY,

                    ORDER OF DISMISSAL

Before: Judge Weisberger

 This matter is before the Administrative Law Judge upon the Parties'

Joint Motion to Approve Settlement and Petitioner's Motion to Approve
Settlement and Motion of Dismiss.

 Upon consideration of the stipulation of the Parties and the Motions

filed herein, the Administrative Law Judge, being fully advised, finds
that the Settlement between the Parties should be approved and the case
should be dismissed.

 It is therefore ORDERED that the Respondent comply with the terms of

the Settlement which have not already been carried out and that the case
herein is DISMISSED.

                              Avram Weisberger
                              Administrative Law Judge

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~721
Distribution:

G. Elaine Smith, Esq., Office of the Solicitor, U. S. Department of Labor,
2002 Richard Jones Road, Suite B201, Nashville, TN 37215 (Certified Mail)

Tony Oppegard, Esq., Appalachian Research and Defense Fund of Kentucky,
P. 0. Box 360, Hazard, KY 41701 (Certified Mail)

William A. Hayes, Esq., Hayes and Tingley, Suites 202-204, Peoples
Building, P. 0. Box 817, Middlesboro, KY 29065 (Certified Mail)

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