Ezel / Agency Decisions / KENT 88-37-D

Arch of Kentucky, Inc. (ALJ decision, May 18, 1988)

Arch of Kentucky, Inc. (FMSHRC KENT 88-37-D): Discrimination settlement approved

Decision type
ALJ decision
Docket
KENT 88-37-D
Decided
May 18, 1988
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
Cited standards
30 U.S.C. § 801 30 U.S.C. § 815(c)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

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 approving a settlement, 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

Harry Thomas brought a discrimination complaint against Arch of Kentucky under section 105(c) of the Mine Act. The parties submitted a settlement agreement and asked the judge to dismiss the case. Judge William Fauver found the settlement consistent with the statute's purposes. He approved the settlement, ordered payment of $6,151.02 in compensation, and directed that the proceeding be dismissed after payment.

Decision snapshot

  • Cited provision: 30 U.S.C. § 815(c)
  • Outcome: The discrimination settlement was approved, with $6,151.02 in compensation to be paid before dismissal.
  • Key point: The judge approved a negotiated resolution of the miner's discrimination complaint and conditioned dismissal on payment.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) (HARRY THOMAS) V. ARCH OF KENTUCKY DDATE: 19880518 TTEXT:

Page 2

~679
FMSHRC-FCV
MAY 18, 1988

SECRETARY OF LABOR, MSHA DISCRIMINATION PROCEEDING on behalf of
HARRY THOMAS,
Docket No. KENT 88-37-D
Petitioner BARB CD 87-51

v. No. 37 Mine

ARCH OF KENTUCKY, INC.,
Respondent

DECISION APPROVING SETTLEMENT

Before: Judge Fauver

This case is before me upon a complaint alleging discrimination against a miner under section 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801, et seq. The parties have filed a motion to approve a settlement agreement and to dismiss the case. I have considered the representations and documentation submitted and I conclude that the proffered settlement is consistent with the purposes of the statute.

ORDER

WHEREFORE IT IS ORDERED that the motion for approval of settlement is GRANTED and Respondent shall pay the approved compensation to Harvey Thomas in the amount of $6,151.02 within 30 days of this Decision. Upon such payment this proceeding is DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

W.F. Taylor, Esq., Office of the Solicitor, U.S. Department of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 (Certified Mail)

R. Henry Moore, Esq., Professional Corporation, 57th Floor, 600 Grant Street, Pittsburgh, PA 15219 (Certified Mail)

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