Ezel / Agency Decisions / kent-88-194-d-alj
FMSHRC ALJ decision Docket KENT 88-194-D Decided March 17, 1989 Settled Judge Gary Melick Transcribed from scan

Sterling Energy Inc.

Sterling Energy Inc. (FMSHRC KENT 88-194-D): Discrimination case dismissed after settlement

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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 ALJ decision, not Commission precedent
The parties reached and approved a settlement at hearing, and the judge dismissed the case. It 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.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor, on behalf of miner Ronald D. Elliott, brought this discrimination proceeding against Sterling Energy Inc. The case concerned the No. 5 Mine and docket KENT 88-194-D. At a March 15, 1989 hearing, the parties agreed to a settlement, and Elliott approved its complete terms. Judge Gary Melick dismissed the case.

Decision snapshot

  • Cited standard(s): The order does not identify specific Mine Act standards.
  • Outcome: The discrimination proceeding was dismissed after the parties reached a settlement.
  • Key point: The ALJ approved the parties' settlement and dismissed the case.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. STERLING ENERGY
DDATE:
19890317
TTEXT:

Page 2

~364
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.)
Office of Administrative Law Judges

SECRETARY OF LABOR, DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION, (MSHA), Docket No. KENT 88-194-D
ON BEHALF OF BARB CD 88-30
RONALD D. ELLIOTT,
COMPLAINANT No. 5 Mine

        v.

STERLING ENERGY INC.,
RESPONDENT

                    ORDER OF DISMISSAL

Appearances: W. F. Taylor, Esq., Office of the Solicitor,
U.S. Department of Labor, Nashville, Tennessee
for Complainant;
Kenneth Krushenski, Esq., 210 West Central
Avenue, LaFollette, Tennessee for Respondent.

Before: Judge Melick

 At hearings on March 15, 1989, the parties agreed upon a

settlement. The complete terms of the settlement were filed at
hearing and approved by the individual Complainant Ronald
Elliott.

   Under the circumstances this case is dismissed.

                                Gary Melick
                                Administrative Law Judge
                                (703) 756-6261

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