Ezel / Agency Decisions / KENT 89-102-DM

Adams Stone Corporation (ALJ decision, January 23, 1990)

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

Decision type
ALJ decision
Docket
KENT 89-102-DM
Decided
January 23, 1990
Presiding judge
James A. Broderick
Outcome
Other
Precedential status
Final order, not precedent
Checked against source
2026-08-16
Cited standards
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 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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