Ezel / Agency Decisions / kent-89-102-dm-alj
FMSHRC ALJ decision Docket KENT 89-102-DM Decided January 23, 1990 Procedural Judge James A. Broderick

Adams Stone Corporation

Adams Stone Corporation (FMSHRC KENT 89-102-DM): Corrected supplemental decision adds interest and penalty

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This order from 1990 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 1990
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 a 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

Adams Stone Corporation had previously been ordered to pay back wages and other benefits to Fred Bartley in a Mine Act discrimination case. In this corrected supplemental decision, Judge James A. Broderick credited the company for a $9,438 payment already made and calculated $316.75 in interest through December 7, 1988. The judge reaffirmed the earlier findings and orders, directed payment of the interest to Bartley, and assessed a $1,000 civil penalty for the section 105(c) violation.

Decision snapshot

  • Cited standard(s): 30 U.S.C. § 815(c)
  • Outcome: The prior findings and orders were reaffirmed, $316.75 in interest was ordered paid to Bartley, and a $1,000 civil penalty was ordered.
  • Key point: A supplemental back-pay order credited prior payment and added interest and the civil penalty required by the discrimination decision.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. ADAMS STONE
DDATE:
19900123
TTEXT:

Page 2

~120
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 89-102-DM
ON BEHALF OF FRED BARTLEY,
COMPLAINANT Jenkins Quarry

        v.

ADAMS STONE CORPORATION,
RESPONDENT

                CORRECTED SUPPLEMENTAL DECISION

Appearances: Thomas A. Grooms, Esq., Office of the Solicitor,
U.S. Department of Labor, Nashville, Tennessee,
for Complainant; David Adams, Vice-President,
Adams Stone Corporation, Pikeville, Kentucky,
for Respondent.

Before: Judge Broderick

 Pursuant to my order of December 5, 1989, the Secretary

filed a statement of the total back wages due Fred Bartley under
the decision issued October 18, 1989. Respondent on January 9,
1990, replied to the Secretary's statement.

 The total back wages and other benefits to which Bartley is

entitled under the decision amount to $9,438. This amount was
paid to Bartley on December 8, 1988, pursuant to an arbitration
award. Respondent is therefore given credit for the payment of
this amount in accordance with Order No. 3 in the decision issued
October 18, 1989. In addition to this amount, Bartley is entitled
to interest under the formula set out in UMWA v. Clinchfield Coal
Company, 10 FMSHRC 1493 (1988). Interest through December 7,
1988, totals $316.75.

   Therefore, IT IS ORDERED:

 1. The findings, conclusions and orders of the decision

issued October 18, 1989, are REAFFIRMED.

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2. Respondent shall, within 30 days of the date of this Corrected
Supplemental Decision, pay to Complainant the sum of $316.75
representing the interest on the amount of back pay and other
benefits to Complainant Bartley on December 8, 1988.

 3. Respondent shall, within 30 days of the date of this

Corrected Supplemental Decision, pay to the Secretary a civil
penalty in the amount of $1000 for the violation of section
105(c) of the Mine Act.

   4. This decision is FINAL.

                           James A. Broderick
                           Administrative Law Judge

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