Ezel / Agency Decisions / KENT 88-39-D

Woods Creek Coal Corporation (ALJ decision, July 18, 1988)

Woods Creek Coal Corporation (FMSHRC KENT 88-39-D): Discrimination proceeding dismissed after settlement

Decision type
ALJ decision
Docket
KENT 88-39-D
Decided
July 18, 1988
Presiding judge
Avram Weisberger
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-20
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 under the Mine Act's 40-day rule
This administrative law judge decision became a final decision of the Commission because no Commissioner directed review within 40 days, under 30 U.S.C. § 823(d)(1). It is binding on 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

James Bowling brought a discrimination proceeding against Woods Creek Coal Corporation. The parties filed a settlement dated July 8, 1988, under which Bowling agreed to settle all claims in exchange for consideration. Judge Avram Weisberger dismissed the proceeding as moot and ordered the parties to abide by the settlement terms.

Decision snapshot

  • Governing provisions: None stated in the decision.
  • Outcome: The discrimination proceeding was dismissed as moot after settlement.
  • Key point: The ALJ approved the procedural effect of the parties' settlement and ended the case.

Full text (FMSHRC public release)

CCASE:
JAMES BOWLING V. WOODS CREEK COAL
DDATE:
19880718
TTEXT:

Page 2

~916
Federal Mine Safety and Health Review Commission (F.M.S.H.R.C.) Office of Administrative Law Judges

JAMES BOWLING,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. KENT 88-39-D

WOODS CREEK COAL CORPORATION,
BARB CD 88-01
RESPONDENT

ORDER OF DISMISSAL

On July 14, 1988, Respondent filed a Settlement in the above case executed by both Parties. In essence, in the Settlement, Complainant agreed, for considerations received, to "settle" all claims against Respondent. As such the above proceeding is moot, and it is thus ORDERED that this case be DISMISSED. It is further ORDERED that the Parties shall abide by the terms of the Settlement dated July 8, 1988.

Avram Weisberger
Administrative Law Judge

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